BioGiene Pty Limited v Mullan [2022] FCAFC 73

Federal Court of Australia

BioGiene Pty Limited v Mullan [2022] FCAFC 73 Appeal from: Mullan v Biogiene Pty Ltd [2021] SAET 13

File number: SAD 21 of 2021

Judgment of: CHARLESWORTH, O'CALLAGHAN and SNADEN JJ

Date of judgment: 9 May 2022

Catchwords: INDUSTRIAL LAW – award coverage – appellant employed respondent as cleaner in abattoir under the terms of the Meat Industry Award 2010 ("MIA") – respondent applied to South Australian Employment Court ("SAEC") alleging failure by appellant to comply with the Cleaning Services Award 2010 ("CSA") – SAEC held respondent's employment covered by the CSA – whether the MIA or the CSA covered the respondent's employment – whether appellant employer "in the meat industry" – whether MIA or CSA provided classification "most appropriate" to respondent's employment – appellant not employer "in the meat industry" – "most appropriate" classification contained in the CSA – appeal dismissed

Legislation: Fair Work Act 2009 (Cth) Pt 2-3, ss 12, 46, 47, 48, 134, 323, 539, 565 South Australian Employment Tribunal Act 2014 (SA) s 5 Workplace Relations Act 1996 (Cth) s 576C Fair Work Regulations 2009 (Cth) r 1.05

Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 Kucks v CSR Ltd (1996) 66 IR 182 Re Request from the Minister for Employment and Workplace Relations (2008) 177 IR 364 Re Request from the Minister for Employment and Workplace Relations [2009] AIRCFB 345 Re Request from the Minister for Employment and Workplace Relations [2009] AIRCFB 450 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd (2014) 245 IR 449