Primo Foods Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

Primo Foods Pty Ltd sought approval of the Primo Foods Pty Ltd - JBS Primo Greenacre Prestons Enterprise Agreement 2022 in the Fair Work Commission. The dispute centred around whether the enterprise agreement provided for the fair remuneration and conditions for the employees of Primo Foods Pty Ltd. The application for approval was contested by the Fair Work Ombudsman who argued that certain provisions of the agreement did not meet the statutory requirements for fairness and did not comply with the relevant industrial instruments.

The Fair Work Commission had to determine if the provisions of the enterprise agreement met the statutory requirements for approval, including fairness, and if they complied with the relevant industrial instruments. The key issue was whether the agreement provided for the fair remuneration and conditions for the employees as required by the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for the right balance of flexibility and security for the employees and the employer.

The Fair Work Commission found that the enterprise agreement was fair and met the statutory requirements for approval. The Commission concluded that the agreement provided for fair remuneration and conditions for the employees and complied with the relevant industrial instruments. The agreement was deemed to provide for the right balance of flexibility and security for the employees and the employer. The Commission found that the provisions of the agreement were not unreasonable and were necessary to achieve a fair outcome for both parties.

The Fair Work Commission approved the Primo Foods Pty Ltd - JBS Primo Greenacre Prestons Enterprise Agreement 2022. The agreement was registered and became a registered agreement under the Fair Work Act 2009. The employees of Primo Foods Pty Ltd were now bound by the terms of the enterprise agreement.

Primo Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established