Primo Foods Pty Ltd T/A Primo Foods Pty Ltd

[2022] FWCA 1581

[2022] FWCA 1581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Primo Foods Pty Ltd T/A Primo Foods Pty Ltd

(AG2022/1219)

Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2022

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2022

Application for approval of the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Primo Foods Pty Ltd – JBS Primo Wacol 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 T/A Primo Foods Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

1. Noting clause 2.5 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.

1. The Australasian Meat Industry Employees Union (AMIEU) and the Bacon Factory Union of Employees Queensland (BFUE) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMIEU and the BFUE.

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

COMMISSIONER

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