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[2010] FWA 6658
General information, not legal advice.
Fair Work Australia
2010-09-16
Original judgment source is linked above.
(#P33_2111) The evidence includes affidavits from Mr Jason Morris, Plant Employee Relations and Human Services Manager, Mr Darren Hyde, Food Process Worker and member of the Joint Consultative Committee (the JCC), Mr Ashleigh Paul, Beef Boner and member of the JCC, Mr Peter Hancock, Plant Production Manager, and Mr Brian Devey, Group Employee Relations and Human Services Manager.
(#P36_3172) [2010] FWAA 5481 as issued on 1 September 2010.
(#P41_3527) AMIEU v T&R (Murray Bridge) Pty Ltd [2010] FWA 1320.
(#P42_3882) PR994119.
(#P74_7117) BRD1 as attached to the affidavit of Mr Devey.
(#P183_21683) Including those associated with the decision in AMIEU v T&R (Murray Bridge) Pty Ltd [2010] FWA 1320.
(#P245_29787) Taken from particulars filed by the AMIEU on 20 July 2010.
(#P248_30103) Taken from AMIEU written submissions as filed on 23 July 2010.
(#P259_31589) The authorities cited included: Aust Timber Workers' Union v John Sharp and Sons Ltd (1920) 14 CAR 811_; Wool and Basil Workers' Federation of Aust v WM Angliss and Co (Aust) Pty Ltd_ (1932) 31 CAR 846 at 854_; Waterside Workers Federation of Australia v Commonwealth Steamship Owners Association_ (1942) 47 CAR 3; Food Preservers Award (1961) 99 CAR 340; AMIEU v Central Queensland Meat Export Co (Aust) Pty Ltd [1999] FCR 775.
(#P288_37176) Although not directly raised by the AMIEU I have also considered the context created in part by clause 23 Shut Down and Shut Down Leave Bank and the other provisions concerning the engagement, suspension and termination of employment.
(#P384_48330) Gundagai Meat Processors - Maintenance Enterprise Agreement 2010 AG2010/1052_; Turi Foods Pty Ltd and NUW Enterprise Agreement 2009_ AG2009/14281; Inghams Enterprises (Sorell) Enterprise Agreement 2009 AG2009/14098; AWX Meat Processing Enterprise Agreement (City of Brisbane) 2009 AG2009/18961 were cited by T&R as examples.
(#P401_50471) The loaded Agreement rates are in the order of 30 percent at the highest classification and 11 percent at the lowest classification level for day workers and in the order of 35 percent and 6.4 percent respectively for afternoon shift workers. These figures do not take into account the impact of the transitional provisions of the modern award which increase in some areas the extent of "over-award" payments represented by the Agreement rates.
(#P468_56449) Undertakings 1 to 5 as set out in [2010] FWAA 5481.
(#P473_57208) There were a number of individual employee bargaining representatives and on each occasion, these representatives were supplied with a copy of all orders and findings of Fair Work Australia and submissions and proposed undertakings. An opportunity to make comment on the proposed undertakings was provided to these representatives as well and the AMIEU.
(#P474_57968) As set out in written submissions dated 16 and 27 August 2010.
(#P477_58508) In so finding I have had regard to the considerations arising from the extent and nature of proposed undertakings discussed by me in Delcorp (SA) Pty Ltd T/A De Luca's On The Park [2010] FWA 2952 at pars [27] and [28].
(#P520_63223) [2010] FWAFB 1464, 26 February 2010 per Giudice J, Acton SDP and Hampton C.
(#P527_64629) Undertakings 6 and 7 as set out in [2010] FWAA 5481.
(#P621_72774) Clause 5.2 of the Agreement expressly excluded certain terms of the modern award however in light of the absence of an express incorporation of other award terms, the "non-excluded" terms do not form part of the Agreement - see s.57 of the Act.
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