Sapphire Feedlot Pty Ltd

[2024] FWC 2741

[2024] FWC 2741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Sapphire Feedlot Pty Ltd

(AG2024/3726)

SMITHFIELD CATTLE COMPANY ENTERPRISE AGREEMENT 2023

Agricultural Industry

DEPUTY PRESIDENT BOYCE SYDNEY, 2 OCTOBER 2024

S.319 - Application for an order relating to instruments covering new employer and non-transferring employees – order made

1. Sapphire Feedlot Pty Ltd (Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (Act) for an order that the Smithfield Cattle Company Enterprise Agreement 2023 (Agreement / Transferrable Instrument) cover non-transferring employees of the Applicant, who perform or who are likely to perform transferring work for the Applicant.

1. The nominal expiry date of the Agreement is 18 January 2028.

1. The evidence before me identifies that by 16 October 2024, the Applicant expects to enter into a transfer arrangement with Smithfield Feedlot Pty Ltd for the transfer of its employees operating in the pastoral industry (Transfer Arrangement). Pursuant to the Transfer Arrangement, relevant employees of Smithfield Feedlot Pty Ltd who accept an offer of employment with the Applicant will be Transferring Employees from Smithfield Feedlot Pty Ltd (old employer) to the Applicant (new employer). After 16 October 2024, subject to relevant completion of the Transfer Arrangement, the Applicant will from time to time employ Non-Transferring Employees to fill positions vacated by Transferring Employees and/or in the ordinary course of business. The Applicant seeks an order that Non-Transferring Employees employed by the Applicant be covered by the Agreement.

1. I have taken into account the factors set out under s.319 (3) of the Act. I note that as at the date of its Application, the Applicant does not employ any Non-Transferring employees. However, the evidence highlights that the terms and conditions of employment of Non-Transferring employees will not suffer any disadvantaged by the Order sought being made (I.e. comparing the terms of the Agreement to those under the otherwise applicable modern award). Further, the evidence discloses that the Order would improve business synergy (in terms of the application of one industrial instrument to all relevant employees at the workplace), not result in economic disadvantage to the Applicant, and not result in productivity being negatively impacted upon at the Applicant’s workplace. I also find that the making the Order would not be contrary to the public interest.

1. I am satisfied that the Applicant’s application, when considered against the matters set out in s.319(3) of the Act, support the making of the Order sought.

1. An Order, in the terms applied for by the Applicant, will be issued contemporaneously with this decision.

DEPUTY PRESIDENT

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