BioGiene Pty Ltd v Mullan

BioGiene Pty Ltd appealed against the decision of the South Australian Employment Court (SAEC) that its employee, Mr Mullan, was entitled to the benefits of the Cleaning Services Award 2010 (CSA) rather than the Meat Industry Award 2010 (MIA). The SAEC had found that Mr Mullan’s employment was covered by the CSA and that BioGiene had failed to pay him what it was obliged to pay him under the CSA. BioGiene contended that Mr Mullan was employed under the MIA and that it had paid him in accordance with the terms of that award. The central question for the SAEC was which award applied to Mr Mullan’s employment. The SAEC decided in Mr Mullan’s favour and the appeal to the Full Court of the Federal Court was dismissed.

The Full Court considered the nature of Mr Mullan’s employment with BioGiene, which was providing cleaning services at a red meat processing facility. The Court noted that BioGiene did not process, manufacture or retail meat products, nor was it licensed to do so. The Court found that the classification of Mr Mullan’s employment under the CSA was more appropriate than under the MIA, as BioGiene was not an employer “in the meat industry” and the CSA provided the classification “most appropriate” to Mr Mullan’s employment. The Court also noted that Mr Mullan’s work involved cleaning to a microbiological level, which was a requirement of the CSA, and that the equipment used for cleaning was provided by BioGiene. The Court held that the SAEC’s decision was correct and dismissed the appeal. The Full Court did not make any orders as to costs.