Application for approval of the Primo Foods Pty Ltd - JBS Primo Chullora Greenacre Prestons 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 Chullora Greenacre Prestons 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 the Meat Industry Award 2020. The Australasian Meat Industry Employees Union (AMIEU) was an employee bargaining representative in relation to the Agreement

[3] The AMIEU initially opposed the approval of the Agreement on numerous grounds including that the Employer did not comply with s.180(5) of the Act as it did not take into account the particular circumstances and needs of employees from culturally and linguistically diverse backgrounds when it explained the terms of the Agreement and the effect of those terms.

[4] The Employer provided a spreadsheet of employees employed at the time of the ballot, and submitted that the spreadsheet showed:

1. Out of the 795 eligible voters, 770 (97%) elected English as their preferred language upon induction.

2. 26 of the 795 (3%) did not elect English as their preferred language.

3. However, out of the 26, 16 of those employees are currently on Visas which require competent English skills or are of Australian Nationality.

4. Taking into account the number of employees elected English as their preferred language (770), Visas which require English skills (10) and those outside these two categories who are of Australian Nationality (6) it may be assumed that 99% of voters have competent English skills or prefer English.

[5] The Employer also submitted that it is a safety requirement that employees understand instructions provided to them. Further, English language competency is part of the Employer's recruitment and induction process. For the large cohort of employees engaged under the Pacific Australia Labour Mobility Scheme (PALM) (sub-class 403 visas), the Employer employs PALM Welfare Coordinators who assist in communication with the PALM workforce. PALM Welfare Coordinators assisted in explaining the terms of the Agreement and their effect to the PALM workforce.

[6] The Employer provided copies of a flyer which outlined the main features of the Agreement in six languages (which are the first languages of the vast majority of employees from culturally and linguistically diverse backgrounds) namely Samoan, Vietnamese, Chinese, Pidgin, Khmer and English and which were provided to employees. The Employer explained that it arranged for key Leading Hands and other team members with good English language skills from culturally and linguistically diverse backgrounds to assist in translating and explaining the Agreement. Community Leaders with good English language skills were also made available to assist with translation and answer any questions.

[7] Following receipt of the Employer's submissions about this issue, the AMIEU advised the Commission that it no longer opposed approval of the Agreement

[8] Having regard to the submissions and material provided by the Employer, I am satisfied that the Employer took all reasonable steps to ensure that the terms of the Agreement, and the effect of those terms, were explained to the employees employed at the time who will be covered by the Agreement and that the explanation was provided in an appropriate manner taking into account the particular circumstances and needs of those employees including employees from culturally and linguistically diverse backgrounds.

[9] Clause 15.2 of the Agreement provides that the Employer may summarily dismiss an employee for neglect of duty which may be inconsistent with the NES and s.123(1)(b) of the Act, which provides that notice of termination does not apply where employment has been terminated because of serious misconduct.

[10] Clause 24.3 of the Agreement provides a span of hours from 5.00am to 6.00pm. Clause 14.4 of the Award provides a span of hours of 6.00am to 6.00pm. Employees under the Agreement who start between 5.00am to 6.00am will be compared to employees under the Award undertaking overtime. Rates do not appear high enough to compensate as there is a BOOT issue concerning Levels 1-4 for Chullora employees and Levels 1-2 for Preston and Greenacre employees.

Section 190 Undertakings

[11] The Employer provided written undertakings to address the above BOOT issue and the Summary Dismissal issue. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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

Section 183 Bargaining Representatives

[13] The AMIEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[14] In accordance with s.201(2), I note that the Agreement covers the AMIEU.

[15] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2025. The nominal expiry date of the Agreement is 21 May 2028.

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