Primo Smallgoods Pty. Ltd. T/A Primo Smallgoods Greenacre

[2016] FWCA 6533

[2016] FWCA 6533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Primo Smallgoods Pty. Ltd. T/A Primo Smallgoods Greenacre
(AG2016/3612)

JBS/PRIMO SMALLGOODS - GREENACRE AND PRESTONS ENTERPRISE AGREEMENT 2016

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 SEPTEMBER 2016

Application for approval of the JBS/Primo Smallgoods - Greenacre and Prestons Enterprise Agreement 2016.

[1] Primo Smallgoods Pty. Ltd applies for approval of an enterprise agreement known as the JBS/Primo Smallgoods - Greenacre and Prestons Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 6 September 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement does not contain a flexibility term that is consistent with the requirements in s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE421071  PR585309>