Australasian Meat Industry Union of Employees (Queensland Branch) (for McDonald) v Bartter Enterprises Pty Ltd [2004] QIRC 209 (2004) 177 QGIG 786

786 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 17 December, 2004 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 74 – application for reinstatement Australasian Meat Industry Union of Employees (Queensland Branch) (for Grant McDonald) AND Bartter Enterprises Pty Ltd (No. B2089 of 2003) COMMISSIONER EDWARDS 7 December 2004 Application for Reinstatement – Termination of Employment – Dismissal – Evidence – Handling of chicken – Breached Company policies – Application dismissed. DECISION By this application the Australasian Meat Industry Union of Employees (Queensland Branch) (AMIEU) seeks relief under the provisions of the Industrial Relations Act 1999 for Grant McDonald who was an employee of Bartter Enterprises Pty Ltd (the respondent). Grant McDonald was employed by the respondent from September 2000 until his dismissal on 9 December 2003. During his employment he worked on the live bird hanging dock at the Wulkuraka plant as a process worker under the terms of the Poultry Processing Award – State 2003. In this dock live chickens are taken from trays and hung by the claws on shackles. The shackles are attached to a chain system which is the start of processing. The following witnesses were called: Grant Leigh McDonald Susan Joan Siddell Andre Louis Jimmenz Junior Ratamu Wayne Edward Pyke Rodney Kanofski. The evidence of Andre Jimmenz included: “The chicken that was bounced by Laith and Grant was alive. I saw the bird in the bay and it was just sitting down. It definitely wasn’t dead. The bird was not stiff.”. In cross-examination he states, “Out of the whole time I was there no one touches a dead bird. The only time they touch a dead bird is to throw it from the cage.”. The Commission accepts the statement, Exhibit 1 was an elaboration of the rough notes he prepared in which he states “I witnessed Laith and Grant bounding a live chicken to each other on a cage.”. Junior Ratamu, Exhibit 5 outlined, inter alia: “I then saw Grant turn side on and in rugby pass movement, forcefully bounce the bird across the table line to Watson. I yelled out ‘oi’ at the same time that I saw Laith throw the bird back to Grant. Grant dodged the bird, the bird missed him and landed on the floor. The bird started flapping its wings. The bird was no more than 3 metres away from where I was standing. I state categorically that the bird was alive when it landed. Ms Susan Siddell was also present in the room. I repeated what I saw and told them the bird was alive. Mr Pyke told me that Grant McDonald thought I was picking on him. I got on well with Grant and have never had to speak to him about his work in the past. I have no reasons to give false evidence against Grant.”. The Commission has reviewed on many occasions the statements and evidence of Grant McDonald especially the fact that it was his opinion that the chicken was dead. His statement includes the following: “I remember that the chicken was stiff and lifeless when I handled it. There was no doubt in my mind whatsoever that it was a dead chicken. It did not move or struggle at all when it was being pushed or handled. It was as hard as a rock. Leath then pushed it back to my side and stated in a joking fashion to me that I had no right to tell him what to do, or words to that effect. I then pushed the chicken back to his end of the tray once more. Leath then picked the chicken up out of the tray and passed it rugby style to my side of the tray, bounding it in the middle of the tray up to me. I picked the bird up and bounced it back to his side of the tray. Leath then bounced the chicken back to me. I bounced it back to Leath once more, but at that stage made a statement to him to the effect that enough was enough. Leath then packed the chicken up and put it on the pile of dead chickens on his side of the hanging bay. I doubt very seriously that you could bounce a live bird in the manner Leath and I were at this stage. The bird was as stiff as a board and that was the only reason it was able to be bounced.”. Grant McDonald was aware of the policy on Animal Welfare and knew employees breaching the policy could be dismissed. The Brands Animal Welfare Guiding Principles include: “Animal Treatment: Brands believes treating animals humanely and with care is a key part of our quality assurance efforts. This means animals should be free from mistreatment at all possible times from how they are raised and cared for to how they are transported and processed. Our goal is to only deal with suppliers who provide an environment that is free from cruelty, abuse and neglect.”. -- 1 of 2 -- 17 December, 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 787 The Commission accepts the evidence of Andre Jimmenz that the chicken was alive. Andre Jimmenz indicated that even though he had difficulty with Grant McDonald it was not his desire to see him dismissed. Andre Jimmenz was an excellent witness and although he found giving evidence unpleasant, he approached his task in an honourable manner. The respondent extended procedural fairness to Grant McDonald to a level expected in a contemporary industrial environment. In view of the fact that the evidence of Andre Jimmenz is accepted, the Commission is satisfied that Grant McDonald breached the respondent’s policies in regard to animal welfare. The application is refused. The Commission orders accordingly. K.L. EDWARDS, Commissioner. Hearing Details: 2004 30 June Appearances: Mr L. Norris of the Australasian Meat Industry Union of Employee (Queensland Branch) and with him Mr G. McDonald. Ms K. Parkin and Mr M. Rogers of Livingstones Australia and with them Mr G. Bartlam on behalf of Bartter Enterprises Pty Ltd. Released: 7 December 2004 -- 2 of 2 --