Seven Point Pork Pty Ltd T/A Seven Point Australian Pork

[2021] FWCA 1320

[2021] FWCA 1320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seven Point Pork Pty Ltd T/A Seven Point Australian Pork
(AG2020/4182)

JBS SEVEN POINT PORK MAINTENANCE ENTERPRISE AGREEMENT 2020

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2021

Application for approval of the JBS Seven Point Pork Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JBS Seven Point Pork Maintenance Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Seven Point Pork Pty Ltd T/A Seven Point Australian Pork (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 January 2021.

[3] On 3 February 2021 I conducted a preliminary conference, by telephone, seeking clarification on certain aspects of the Agreement. On 26 February 2021, after the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) made clear they had objections concerning the application, I conducted a hearing, in person, with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 March 2021. The undertaking deals with the following topics:

•  All employees who undertake shiftwork that does not continue for four weeks will be paid overtime rates.

•  All employees who undertake shiftwork that does continue for four or more weeks will be paid shiftwork allowances.

•  All employees classified as a L1 Probationary or L2 Renderer who work more than three hours overtime on any day will be paid an additional $11.07 for each hour of overtime worked thereafter.

•  In respect of better off overall issues relating to a L1 Probationary or L2 Renderer working afternoon or night shifts, shift workers working their ordinary hours on a Saturday and/or Sunday and those classified as casual Trades Assistants who work their ordinary hours on a Saturday and/or Sunday, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and The Australasian Meat Industry Employees Union (AMIEU), being bargaining representatives for the Agreement, have given 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 these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 March 2025.

COMMISSIONER

 1   [2017] FWCFB 1664

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