The Bacon Factories' Union of Employees, Queensland v Swickers Kingaroy Bacon Factory Pty Ltd

[2018] FWC 3043

[2018] FWC 3043

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

The Bacon Factories' Union of Employees, Queensland
v
Swickers Kingaroy Bacon Factory Pty Ltd
(C2017/235)

DEPUTY PRESIDENT ASBURY BRISBANE, 30 MAY 2018

Alleged dispute about any matters arising under the enterprise agreement and the NES.

[1] This decision relates to a previous decision of 22 December 2017 ([2017] FWC 7049) regarding an application by the Queensland Bacon Factories’ Union of Employees (BFUE) for the Fair Work Commission (the Commission) to deal with a dispute pursuant to s.739 of the Fair Work Act 2009 (the Act). The Respondent in this matter is Swickers Kingaroy Bacon Factory Pty Ltd (Swickers/ the Company). That decision answered the first of three agreed questions for arbitration, and gave provisional views as to the remaining questions. The Decision indicated that the application would be relisted for the purposes of allowing the parties to be heard in relation to those provisional views and outstanding issues.

[2] Subsequent to an unsuccessful appeal of that decision by Swickers, Swickers sent correspondence to my Chambers on 10 May 2018 stating that a related Enterprise Agreement had been approved by Commissioner Gregory. Swickers further stated that given the approval of that Agreement, Swickers conceded the remainder of the dispute and accepted the preliminary views given in the Decision of 22 December 2017. The BFUE sent correspondence to my Chambers on 24 May 2018 stating that the concession by Swickers resolved the dispute.

[3] On that basis, I accept that Swickers has conceded its position regarding the remainder of this dispute, and has accepted my preliminary views as outlined in the previous decision. Accordingly, the matter is considered resolved and the file will be closed.

DEPUTY PRESIDENT

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