Luturn Pty Ltd T/A Primo Port Wakefield Abattoir

[2013] FWCA 8712

[2013] FWCA 8712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2013/11155)

MAINTENANCE ENTERPRISE AGREEMENT PRIMO PORT WAKEFIELD ABATTOIR

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Maintenance 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] The employer has provided undertakings in the following terms:

“Luturn Pty Ltd, trading as Primo Port Wakefield Abattoir hereby gives an undertaking

that annual leave entitlements for employees who are regularly rostered to work over seven days of the week will be paid according to the National Employment Standards.

that redundancy payments consistent with the National Employment Standards will be applied to this agreement in the event of redundancy.”

[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

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