BioGiene Pty Limited v Mullan [2022] FCAFC 73

BioGiene Pty Limited v Mullan [2022] FCAFC 73

BioGiene was not an employer in the meat industry merely because its employees cleaned at a meat processing facility. The references to establishments in cl 4.2 of the Meat Industry Award 2010 were construed as referring to businesses or undertakings, not physical locations, and BioGiene's contract cleaning was not a related activity ancillary to meat processing for that purpose. The MIA therefore did not cover BioGiene. In any event, the Cleaning Services Employee Level Two classification under the Cleaning Services Award 2010 was more appropriate to Mr Mullan's contract cleaning work than the Meat Industry Level 3 classification, because the CSA specifically addressed contract cleaning,...

Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Appeal in the Fair Work Division Concerning Modern Award Coverage and Alleged Failure to Pay Amounts Under S 323(1) of the Fair Work Act 2009 (cth) / Appeal From the South Australian Employment Court
Outcome
Appeal dismissed; no order as to costs.
Legal Topics
['modern Award Coverage' 'meat Industry Award 2010' 'cleaning Services Award 2010' 'contract Cleaning Services Industry' 'most Appropriate Award Classification' 'fair Work Act 2009 (cth) S 323']
['industrial Law' 'employment and Industrial Relations'] ['modern Award Coverage' 'meat Industry Award 2010' 'cleaning Services Award 2010' 'contract Cleaning Services Industry' 'most Appropriate Award Classification' 'fair Work Act 2009 (cth) S 323']

Case Brief

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Procedural Posture

Appeal in the Fair Work Division Concerning Modern Award Coverage and Alleged Failure to Pay Amounts Under S 323(1) of the Fair Work Act 2009 (cth) / Appeal From the South Australian Employment Court

Legal Issues

  1. 1 ['Whether the Meat Industry Award 2010 covered BioGiene as an employer in the meat industry.' 'Whether, if the Meat Industry Award 2010 covered BioGiene, Mr Mullan was employed in a role corresponding to a classification under that award.' "Whether the Meat Industry Award 2010 or the Cleaning Services Award 2010 contained the classification most appropriate to Mr Mullan's employment."]

Ratio Decidendi

BioGiene was not an employer in the meat industry merely because its employees cleaned at a meat processing facility. The references to establishments in cl 4.2 of the Meat Industry Award 2010 were construed as referring to businesses or undertakings, not physical locations, and BioGiene's contract cleaning was not a related activity ancillary to meat processing for that purpose. The MIA therefore did not cover BioGiene. In any event, the Cleaning Services Employee Level Two classification under the Cleaning Services Award 2010 was more appropriate to Mr Mullan's contract cleaning work than the Meat Industry Level 3 classification, because the CSA specifically addressed contract cleaning,...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • ['The appeal be dismissed.']