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

[2022] FWCA 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd T/A Burles Consulting Pty Ltd

(AG2022/1244)

Tassal Margate Processing Enterprise Agreement 2021

Seafood processing
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2022

Application for approval of the Tassal Margate Processing Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Tassal Margate 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 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Burles Consulting Pty Ltd trading as Burles Consulting Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Tassal Margate Processing Enterprise Agreement 2021. The dispute primarily centred around the procedural fairness and compliance of the agreement with the Fair Work Act 2009. The application involved various stakeholders, including the employer, Tassal, and the employee representatives, who had negotiated the terms of the agreement.

The central legal issues revolved around whether the agreement had been genuinely bargained, whether it complied with the Fair Work Act, and if there was procedural fairness in the negotiation process. The employee representatives argued that certain provisions were unfair and did not reflect genuine bargaining, while Tassal contended that the agreement was fair and complied with all statutory requirements. The Commission had to determine whether the agreement met the threshold for approval under the Fair Work Act and whether it was made in accordance with the principles of procedural fairness.

The Fair Work Commission meticulously reviewed the negotiation process, the contents of the agreement, and the submissions from both parties. The Commission found that the negotiation process was generally fair, and the agreement reflected the outcome of genuine bargaining between the parties. The Commission also found that the agreement complied with the statutory requirements and did not contain any provisions that were contrary to the public interest. Consequently, the Commission approved the Tassal Margate Processing Enterprise Agreement 2021, finding it to be fair and compliant with the necessary legislative standards.

In conclusion, the Fair Work Commission approved the Tassal Margate Processing Enterprise Agreement 2021, confirming that it met all the statutory requirements and was the product of genuine bargaining. The decision underscored the importance of procedural fairness and compliance with the Fair Work Act in enterprise agreements.

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