Primo Foods Pty Ltd

[2020] FWCA 1003

[2020] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primo Foods Pty Ltd
(AG2019/4963)

PRIMO FOODS PTY LTD - JBS PRIMO WACOL ENTERPRISE AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the Primo Foods Pty Ltd - JBS Primo Wacol Enterprise Agreement 2019.

[1] Primo Foods Pty Ltd has applied for approval of a single enterprise agreement known as the Primo Foods Pty Ltd - JBS Primo Wacol Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[5] The Bacon Factory Union of Employees, Queensland and the Australasian Meat Industry Employees’ Union being, bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 24 February 2020 and, notwithstanding clause 2.2.1 and in accordance with s.54, will operate from 2 March 2020. The nominal expiry date of the Agreement is 24 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507219 PR716999>