DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2016/7869)

PRIMO PORT WAKEFIELD ABATTOIR ENTERPRISE AGREEMENT – SECURITY 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2017

Application for approval of the Primo Port Wakefield Abattoir Enterprise Agreement - Security2016.

[1] An application has been made for approval of an enterprise agreement known as the Primo Port Wakefield Abattoir Enterprise Agreement - Security2016 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 8 May 2021.

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 for the approval of the Primo Port Wakefield Abattoir Enterprise Agreement - Security 2016. The application was heard in the Fair Work Commission (FWC). The central dispute involved the terms and conditions of employment for security personnel at the abattoir. The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was in the public interest, fair, and balanced in its terms and conditions. The FWC examined whether the agreement provided for adequate wages and conditions for the employees, and whether it was consistent with the broader principles of the Fair Work Act, including those related to procedural fairness and the avoidance of undue hardship for the parties involved. The FWC concluded that the agreement did meet the necessary criteria for approval. It found that the terms and conditions were fair, balanced, and did not place an undue burden on the employer. The FWC also noted that the agreement had been negotiated in good faith and was in the public interest. Consequently, the FWC approved the Primo Port Wakefield Abattoir Enterprise Agreement - Security 2016. The decision was made on the basis that the agreement would provide for the fair treatment of employees while allowing the business to operate effectively.

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