FAIR WORK COMMISSION
Fair Work Act 2009
s.604—Appeal of decisions
AWX Pty Ltd trading as AWX
AWX PTY LTD EMPLOYEE COLLECTIVE AGREEMENT—MEAT INDUSTRY EMPLOYEES 2006—2009
DEPUTY PRESIDENT LAWRENCE
SYDNEY,30 AUGUST 2013
Appeal against decision [ FWCA 4490] of Commissioner Simpson at Brisbane on 9 August 2013 in matter number AG2013/5788.
A. Further to the reasons for decision in [ FWC 6294]] and pursuant to ss.606(1) of the Fair Work Act 2009 (the Act),the Fair Work Commission orders that:
1. The operation of the whole of the decision [ FWCA 4490] of Commissioner Simpson made at Brisbane on 9 August 2013 in matter number AG2013/5788 be stayed.
2. In order to ensure workers will not be disadvantaged until the hearing and determination of the appeal,AWX Pty Ltd is required to maintain for each employee who is paid under the AWX Pty Ltd Employee Collective Agreement-Meat Industry Employees 2006—2009 (the Agreement) a reconciliation,which records work performed under the agreement in the stay period,and establishes whether the employee’s total remuneration during the period is less than the employee would have received under the Meat Industry Award 2010 [MA000059] (the Award).
3. Where a reconciliation establishes that an employee has been paid less under the Agreement than the employee would have been paid for performing the same work under the Award,the employee will be reimbursed for the difference,plus interest,within the next pay cycle should the appellant be unsuccessful.
4. AWX Pty Ltd will also keep a record,including forwarding details,of any employee who resigns or otherwise leaves its employment before the Full Bench decision is handed down.
B. This order shall operate on and from 30 August 2013 until a decision in relation to the appeal is made or the Fair Work Commission makes a further order.
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