DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2017/1247)

PRIMO PORT WAKEFIELD ABATTOIR ENTERPRISE AGREEMENT - PRODUCTION 2017

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 MAY 2017

Application for approval of the Primo Port Wakefield Abattoir Enterprise Agreement - Production 2017.

[1] An application has been made for approval of an enterprise agreement known as the Primo Port Wakefield Abattoir Enterprise Agreement – Production 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luturn Pty Ltd T/A Primo Port Wakefield Abattoir. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 29 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Luturn Pty Ltd, trading as Primo Port Wakefield Abattoir, applied to the Fair Work Commission for approval of the Primo Port Wakefield Abattoir Enterprise Agreement – Production 2017. The application was contested by the Australian Manufacturing Workers' Union. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly concerning the provisions regarding employee entitlements, such as penalty rates and shift loadings. The Commission had to determine if the agreement was genuinely negotiated and if it provided for the minimum entitlements as outlined by the Act.

The Commission considered the submissions from both parties and examined the evidence provided. It assessed whether the agreement was made in good faith and whether it complied with the procedural requirements for enterprise agreements. The Commission also evaluated if the agreement contained terms that were necessary for the protection of employees, such as adequate penalty rates and shift loadings. After thorough consideration, the Commission concluded that the agreement was genuinely negotiated and met the necessary statutory requirements for approval.

Consequently, the Commission approved the Primo Port Wakefield Abattoir Enterprise Agreement – Production 2017, recognising it as a lawful and binding agreement between the employer and the employees covered by the agreement. The decision was based on the evidence presented and the application of relevant legal principles. The final orders included the approval of the agreement, which would now govern the employment conditions of the relevant employees until superseded by a new agreement or as otherwise provided by law.

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established