PRIMO FOODS PTY LTD

[2025] FWCA 1619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PRIMO FOODS PTY LTD

(AG2025/1285)

PRIMO FOODS PTY LTD – JBS PRIMO WACOL MAINTENANCE ENTERPRISE AGREEMENT 2025

Meat Industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 14 MAY 2025

Application for approval of the Primo Foods Pty Ltd – JBS Primo Wacol Maintenance Enterprise Agreement 2025

Introduction

PRIMO FOODS PTY LTD (the Employer) has made an application for approval of an enterprise agreement known as the Primo Foods Pty Ltd – JBS Primo Wacol Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by either the Meat Industry Award 2020 or the Manufacturing and Associated Industries and Occupations Award 2020.

Notice of Employee Representational Rights (NERR)

The NERR was erroneous in that the name of the proposed enterprise agreement was incorrect. The Employer provided submissions that this matter constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Sufficient Interest and Sufficiently Representative

Question 19 of the Form F17B Declaration submitted by the Employer stated that the NERR was placed on noticeboards commonly used for communication with employees. This did not include information about whether employees had a sufficient interest in the terms of the Agreement or were sufficiently representative of the employees it intended to cover. Consequently, the Commission was unable to make a determination on these matters.

The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees were aware of their right to be represented.

Voting Notification

Question 21.2 of the Form F17B Declaration stated that employees were provided with hard copies of the Agreement on 9 April 2025. The commencement of voting began on 16 April 2025, which means that the proposed Agreement was provided to employees 6 days (rather than clear 7 days) before commencement of voting. This raised the issue of whether the Commission could be satisfied the employees had reasonable opportunity to consider the proposed Agreement before voting on it.

Question 25 of the Form F17B Declaration indicated that employees were notified of the time, place and method of vote via noticeboards on 9 April 2025. It appeared from these responses that employees were notified of the time, place and method of vote 6 clear days prior to the commencement of voting, rather than 7 clear days prior to the commencement of voting.

The Employer provided submissions that this matter constituted a typographical error and provided evidence showing the date that employees were provided with this information was 17 April 2025.

I consider it appropriate in the circumstances to allow a correction of a document

relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Section 186, 187 and 188

Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have 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 CEPU and AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 21 May 2028.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Primo Foods Pty Ltd sought approval of the Primo Foods Pty Ltd – JBS Primo Wacol Maintenance Enterprise Agreement 2025. The dispute arose between the employer and the union, the Transport Workers Union, concerning the terms and conditions of employment of maintenance employees at the Wacol facility. The Commission was tasked with determining whether the agreement was in the interests of the employees, considering the principles of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. This included assessing whether the agreement provided for appropriate minimum terms and conditions, ensured the right to freedom of association, and allowed for the right to bargain collectively. The Commission also had to determine if the agreement was in the best interest of the employees, considering factors such as pay rates, leave entitlements, and workplace conditions.

After thorough consideration of the submissions and evidence, the Commission found that the agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, including adequate pay rates and conditions, and allowed for the protection of employee rights. The Commission was satisfied that the agreement was in the best interests of the employees, considering the specific circumstances of the maintenance employees at the Wacol facility. Consequently, the Commission approved the agreement, which will now form the basis of the employment terms for the relevant employees.

The final orders of the Commission were that the Primo Foods Pty Ltd – JBS Primo Wacol Maintenance Enterprise Agreement 2025 be approved, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the maintenance employees at the Wacol facility for the duration specified in the agreement. The decision provides clarity and certainty for both the employer and the employees, allowing them to move forward with the agreed terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established