Luturn Pty Ltd T/A Primo Port Wakefield Abattoir

[2013] FWCA 8730

[2013] FWCA 8730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luturn Pty Ltd T/A Primo Port Wakefield Abattoir
(AG2013/10950)

PRODUCTION ENTERPRISE AGREEMENT PRIMO PORT WAKEFIELD ABATTOIR

Meat Industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 NOVEMBER 2013

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

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

[2] The Agreement as filed does not contain a Parties Bound clause. The omission of such a provision is not a matter that prevents approval of the Agreement however it is in the interests of the parties that the coverage of the Agreement be detailed in order to avoid potential disputation. This matter was raised with the parties and they have agreed to the inclusion of the following provision:

“PARTIES BOUND

The parties to this Agreement are:

(a) The Australasian Meat Industry Employees’ Union, South and Western Australian Branch, 46 Greenhill Road Wayville SA 5034; and

(b) Luturn Pty Ltd trading as Primo Port Wakefield Abattoir, 111 Pareora Road, Port Wakefield SA; and

(c) Employees of the employer who perform work that falls within the Meat Industry Award 2010.”

[3] In accordance with s.586 of the Act, the Agreement is amended by the inclusion of the above provision immediately after Clause 3 Definitions and before Clause 4 Term.

[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 Australasian Meat Industry Employees’ Union, South and Western Australian Branch (the AMIEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the AMIEU.

[6] The Agreement, as amended, is approved. In accordance with s.54(1) of the Act the Agreement will operate from 14 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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