Burles Consulting Pty Ltd Summary

[2025] FWCA 1158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2025/853)

TASSAL DOVER PROCESSING ENTERPRISE AGREEMENT 2024

Seafood processing
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 4 APRIL 2025

Application for approval of the Tassal Dover Processing Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tassal Dover Processing Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The AWU supports approval the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· 12.5 - Exemption to pay Redundancy Pay.

However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 1 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Burles Consulting Pty Ltd applied for approval of the Tassal Dover Processing Enterprise Agreement 2024. The primary dispute involved whether the agreement, which was the result of negotiations between Tassal Group Limited and its employees, complied with the relevant provisions of the Fair Work Act 2009. The applicants sought approval to formalise the agreement, ensuring it met the necessary legal standards for operation.

The court was tasked with determining if the agreement provided for the appropriate processes and conditions for bargaining, included essential safety and welfare provisions, and satisfied the requirements for employee representation. Additionally, the court had to ensure that the agreement was genuinely negotiated and was not imposed by the employer, and that it met the criteria for good faith bargaining as stipulated by the Fair Work Act.

The court reviewed the negotiation process and contents of the agreement, confirming that all essential elements were met. It found that the agreement was the result of genuine negotiations, included necessary safety and welfare provisions, and was not imposed by the employer. The court concluded that the agreement satisfied all legislative requirements and approved it, thus allowing its implementation by the parties involved.

The court ordered the approval of the Tassal Dover Processing Enterprise Agreement 2024, affirming its compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees of Tassal Group Limited at the Dover processing facility.

Burles Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established