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

CaseChat Overview and Summary

The case involved Primo Smallgoods Pty Ltd, trading as Primo Smallgoods Greenacre, and its employees. The dispute was centred around the approval of the JBS/Primo Smallgoods – Greenacre and Prestons Enterprise Agreement 2016. The Fair Work Commission was the court that considered this matter. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary components as stipulated by the Act, including provisions that addressed the employees' pay and conditions. Additionally, the Commission needed to assess if the agreement was made in good faith and if the necessary procedural requirements were met. The Commission had to consider the submissions made by the parties and any relevant evidence presented.

The Fair Work Commission found that the agreement contained all the necessary components and provisions for pay and conditions. The Commission determined that the agreement was made in good faith and that the procedural requirements were satisfied. Therefore, the Commission approved the enterprise agreement. The decision was based on the evidence presented and the submissions made by the parties.

The Fair Work Commission approved the JBS/Primo Smallgoods – Greenacre and Prestons Enterprise Agreement 2016, finding that it met the necessary criteria under the Fair Work Act 2009. The Commission found that the agreement contained all the required components, including provisions for pay and conditions, and was made in good faith. The procedural requirements were also satisfied. As a result, the agreement was approved, and the Commission made its orders accordingly.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established