Primo Foods Pty Ltd
[2022] FWCA 1069
•28 MARCH 2022
| [2022] FWCA 1069 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Primo Foods Pty Ltd
(AG2022/546)
Primo Foods Pty Ltd - JBS Primo Greenacre Prestons Enterprise Agreement 2022
| Meat Industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 28 MARCH 2022 |
Application for approval of the Primo Foods Pty Ltd - JBS Primo Greenacre Prestons Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Primo Foods Pty Ltd – JBS Primo Greenacre Prestons Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that the Agreement contains an NES precedence clause at cl. 6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has 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 organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 28 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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