Burles Consulting Pty Ltd T/A Burles Consulting Pty Ltd Summary

[2022] FWCA 1610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd T/A Burles Consulting Pty Ltd

(AG2022/1245)

Tassal Huonville Processing Enterprise Agreement 2021

Seafood processing
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2022

Application for approval of the Tassal Huonville Processing Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Tassal Huonville Processing Enterprise Agreement 2021 (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 T/A Burles Consulting Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2025. The nominal expiry date of the Agreement is 1 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involves an application by Burles Consulting Pty Ltd, trading as Burles Consulting Pty Ltd, for the approval of the Tassal Huonville Processing Enterprise Agreement 2021. The dispute arose in the Fair Work Commission, a body responsible for overseeing and enforcing employment regulations in Australia. The application required the Commission to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues central to the application were whether the agreement met the necessary standards of good faith bargaining and whether it provided fair and reasonable terms for the employees covered by the agreement. The Commission had to consider whether the agreement was genuinely negotiated and if it appropriately addressed the interests of both the employer and the employees. The fairness of the terms, including wages, working conditions, and other employment-related matters, was also a critical consideration.

In assessing these issues, the Commission evaluated the process of negotiation, the content of the agreement, and its implications for the employees. The Commission found that the agreement was the product of genuine negotiation between the parties, with both sides demonstrating a commitment to reaching a fair and reasonable outcome. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the workplace and the broader economic context. Consequently, the Commission approved the agreement, finding it to be in compliance with the legislative requirements.

The final orders of the Commission included the approval of the Tassal Huonville Processing Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered and published in accordance with the Fair Work Act, ensuring its enforceability and transparency for all parties involved.

Burles Consulting Pty Ltd T/A 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