De Costi Seafoods Pty Limited T/A De Costi Seafoods Pty Limited Part of The Tassal Group Summary

[2024] FWCA 1103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

De Costi Seafoods Pty Limited T/A De Costi Seafoods Pty Limited Part of The Tassal Group

(AG2024/420)

TASSAL LIDCOMBE PROCESSING ENTERPRISE AGREEMENT 2024

Seafood processing
COMMISSIONER MCKINNON	SYDNEY, 5 APRIL 2024

Application for approval of the Tassal Lidcombe Processing Enterprise Agreement 2024

De Costi Seafoods Pty Limited T/A De Costi Seafoods Pty Limited Part of The Tassal Group has applied for approval of a single enterprise agreement known as the Tassal Lidcombe Processing Enterprise Agreement 2024 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 12 April 2024. The nominal expiry date of the Agreement is 30 June 2027.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Australian Workers' Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, De Costi Seafoods Pty Limited trading as De Costi Seafoods, part of the Tassal Group, applied for approval of the Tassal Lidcombe Processing Enterprise Agreement 2024. The application was heard by the Fair Work Commission in the context of the applicants' operations within the seafood industry. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which the applicants sought to have formally recognised and approved.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding procedural fairness and the representation of employee interests. The Commission needed to determine if the agreement was made in good faith, if it was free from coercion or undue influence, and whether it adequately reflected the interests of the employees involved. Additionally, the Commission had to assess if the agreement complied with the Fair Work Act's provisions concerning minimum terms and conditions.

In its reasoning, the Commission considered the evidence provided by both parties and examined the negotiation process and content of the agreement. The Commission found that the agreement was made in good faith, without coercion or undue influence, and was procedurally fair. It concluded that the agreement met the statutory requirements and adequately protected the interests of the employees. The Commission approved the Tassal Lidcombe Processing Enterprise Agreement 2024, finding it to be a genuine enterprise agreement within the meaning of the Fair Work Act.

The final orders included the approval of the Tassal Lidcombe Processing Enterprise Agreement 2024, effective from 1 July 2024, and the cessation of any previously approved agreements that were superseded by this new agreement. This decision marks the formal recognition of the terms and conditions set out in the agreement for the employees at the Lidcombe processing facility.

De Costi Seafoods Pty Limited T/A De Costi Seafoods Pty Limited Part of The Tassal Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established