DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2017/1250)

PRIMO PORT WAKEFIELD ABATTOIR ENTERPRISE AGREEMENT – MAINTENANCE 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Primo Port Wakefield Abattoir Enterprise Agreement - Maintenance 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 5 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir applied for approval of the Primo Port Wakefield Abattoir Enterprise Agreement - Maintenance 2017. The applicant sought the approval of the agreement under the Fair Work Act 2009 (Cth). The Fair Work Commission was the court that heard and decided the matter. The primary legal issue before the court was whether the agreement met the requirements for approval under section 233 of the Fair Work Act 2009 (Cth). The court had to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to ensure that the agreement complied with the relevant provisions of the Act, including the requirement for good faith bargaining and the protection of employees' rights.

The court found that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The court considered the evidence presented by both parties and concluded that the agreement was the result of good faith bargaining and adequately protected employees' rights. The court also found that the agreement complied with all relevant provisions of the Act. The court approved the agreement and made an order under section 234(2) of the Fair Work Act 2009 (Cth) that the agreement be approved as a registered agreement. The agreement will now be registered and will apply to the employees covered by it.

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