Primo Foods Pty Ltd T/A Primo Foods Pty Ltd Summary

[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

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.

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Primo Foods Pty Ltd trading as Primo Foods Pty Ltd and the Fair Work Commission. The dispute centred around the approval of the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2022. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion, and did not undermine the right of employees to engage in protected industrial action.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and employees, if it contained provisions that were contrary to public policy, and whether it provided for the fair and reasonable terms and conditions of employment as required by the Act. Additionally, the Commission had to consider whether the agreement met the procedural requirements, including adequate consultation and the provision of relevant information to employees.

The Fair Work Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was not contrary to public policy. The agreement was considered to appropriately balance the interests of the employer and employees, and the Commission was satisfied that the procedural requirements had been met. Consequently, the Commission approved the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2022.

Primo Foods Pty Ltd T/A 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