Application for approval of the Primo Foods Pty Ltd - JBS Primo Wacol Maintenance Enterprise Agreement 2025

[1] PRIMO FOODS PTY LTD (the Employer) has made an application for approval of an enterprise agreement known as the Primo Foods Pty Ltd - JBS Primo Wacol Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by either the Meat Industry Award 2020 or the Manufacturing and Associated Industries and Occupations Award 2020.

Notice of Employee Representational Rights (NERR)

[3] The NERR was erroneous in that the name of the proposed enterprise agreement was incorrect. The Employer provided submissions that this matter constituted a minor technical error.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Sufficient Interest and Sufficiently Representative

[5] Question 19 of the Form F17B Declaration submitted by the Employer stated that the NERR was placed on noticeboards commonly used for communication with employees. This did not include information about whether employees had a sufficient interest in the terms of the Agreement or were sufficiently representative of the employees it intended to cover. Consequently, the Commission was unable to make a determination on these matters.

[6] The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees were aware of their right to be represented.

[7] Question 21.2 of the Form F17B Declaration stated that employees were provided with hard copies of the Agreement on 9 April 2025. The commencement of voting began on 16 April 2025, which means that the proposed Agreement was provided to employees 6 days (rather than clear 7 days) before commencement of voting. This raised the issue of whether the Commission could be satisfied the employees had reasonable opportunity to consider the proposed Agreement before voting on it.

[8] Question 25 of the Form F17B Declaration indicated that employees were notified of the time, place and method of vote via noticeboards on 9 April 2025. It appeared from these responses that employees were notified of the time, place and method of vote 6 clear days prior to the commencement of voting, rather than 7 clear days prior to the commencement of voting.

[9] The Employer provided submissions that this matter constituted a typographical error and provided evidence showing the date that employees were provided with this information was 17 April 2025.

[10] I consider it appropriate in the circumstances to allow a correction of a document

relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 186, 187 and 188

[11] Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

[12] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the 'Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union' known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it.

[13] In accordance with s.201(2), I note that the Agreement covers the CEPU and AMWU.

[14] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 21 May 2028.

[1] [2019] FWCFB 318.

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