Luturn Pty Ltd T/A Primo Port Wakefield Abattoir

[2013] FWCA 8847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2013/10910)

SECURITY ENTERPRISE AGREEMENT, PRIMO PORT WAKEFIELD ABATTOIR

Security services
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Security Enterprise Agreement, Primo Port Wakefield Abattoir.

[1] An application has been made for approval of an enterprise agreement known as the Security Enterprise Agreement, Primo Port Wakefield Abattoir (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 1 July 2016.

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Luturn Pty Ltd, trading as Primo Port Wakefield Abattoir, applied for approval of the Security Enterprise Agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, where the nature of the dispute involved the terms and conditions of employment for security officers at the abattoir. The primary concern was whether the proposed agreement met the requirements for fair and reasonable terms as stipulated by the legislation.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and leave entitlements, and whether the agreement was made in good faith and not under duress. The Commission also needed to assess whether the agreement complied with the procedural requirements for employee representation and whether it appropriately balanced the interests of both employers and employees.

In delivering the decision, the Commission considered the submissions from both parties, the nature of the enterprise, and the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions and was made in good faith. It was determined that the agreement adequately balanced the interests of the employer and employees, ensuring that the security officers received fair remuneration and benefits. The Commission was also satisfied that the agreement met all procedural requirements, including proper representation and consultation with the employees. Therefore, the application for approval of the Security Enterprise Agreement was approved.

The final orders included the approval of the Security Enterprise Agreement as it was presented, with specific terms and conditions as outlined in the agreement. The Commission also noted that any disputes arising from the agreement could be brought before it for further consideration, ensuring that the terms remain fair and reasonable over time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established