Primo Foods Pty Ltd

[2025] FWCA 931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Primo Foods Pty Ltd

(AG2025/535)

PRIMO FOODS PTY LTD – JBS PRIMO WACOL ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER DURHAM	BRISBANE, 17 MARCH 2025

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

An application has been made for approval of an enterprise agreement known as the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primo Foods Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 2.5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees' Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primo Foods Pty Ltd, the applicant, sought approval of an enterprise agreement from the Fair Work Commission, which would be applicable to its employees in Queensland. The respondents included the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, which had negotiated the agreement on behalf of the employees. The dispute centred on the terms and conditions of employment under the proposed agreement, specifically whether it met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the fair and efficient negotiation process as required by section 234 of the Fair Work Act, and if the agreement was in the best interests of the employees. The Commission also had to consider whether the agreement provided for the employees' pay and conditions, and if it was consistent with the national minimum safety net of entitlements. Additionally, the Commission examined if the agreement contained any provisions that were contrary to public policy.

The Commission found that the agreement had been negotiated in good faith and met the requirements for approval under the Act. The Commission concluded that the agreement was in the best interests of the employees, as it provided for reasonable terms and conditions of employment, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was consistent with the national minimum safety net of entitlements, and did not contain any provisions that were contrary to public policy. As such, the Commission approved the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2025, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission were that the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2025 be approved, with modifications to the agreement to ensure compliance with the Fair Work Act 2009. The agreement was to be registered with the Commission, and would come into effect on 1 July 2025. The Commission also directed that the agreement be published on its website, to provide transparency and access to the terms of the agreement for all stakeholders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established