PRIMO FOODS PTY LTD

[2021] FWCA 7315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PRIMO FOODS PTY LTD
(AG2021/8655)

PRIMO FOODS PTY LTD - JBS PRIMO WACOL MAINTENANCE ENTERPRISE AGREEMENT 2021

Meat Industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 DECEMBER 2021

Application for approval of the Primo Foods Pty Ltd - JBS Primo Wacol Maintenance Enterprise Agreement 2021.

[1] PRIMO FOODS PTY LTD (the Employer) has made an application for the approval of the Primo Foods Pty Ltd - JBS Primo Wacol Maintenance Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 24 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primo Foods Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with the employees of its Wacol facility. The application was contested by the union, which argued that the proposed agreement did not adequately address certain employee conditions. The matter was heard by the Commission, which needed to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the employees' minimum entitlements, whether it had been genuinely negotiated, and whether it had been appropriately certified. The union contended that the agreement failed to adequately protect employee entitlements, particularly in relation to shift patterns and overtime provisions. The union also argued that the negotiation process had not been genuinely consultative and that the agreement had not been properly certified by the relevant authority.

The Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The Commission was satisfied that the agreement provided for all minimum entitlements and that the negotiation process had been genuine. The Commission also found that the agreement had been appropriately certified, despite some minor procedural issues. The Commission noted that the union had not presented any compelling evidence to suggest that the agreement would negatively impact the employees' conditions. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Primo Foods Pty Ltd - JBS Primo Wacol Maintenance Enterprise Agreement 2021, dismissing the union's objections. The Commission found that the agreement met all legal requirements for approval, including providing for minimum entitlements, genuine negotiation, and appropriate certification. The union's concerns about employee conditions and the negotiation process were not substantiated, leading to the agreement's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established