BioGiene Pty Limited v Mullan [2022] FCAFC 73 (09 May 2022) (Charlesworth, O’Callaghan and Snaden JJ)


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