Derby Industries Pty Ltd T/A Talloman Summary

[2021] FWCA 6125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Derby Industries Pty Ltd T/A Talloman

(AG2021/7458)

Derby Industries Pty Ltd - Enterprise Agreement 2021

Meat Industry
COMMISSIONER SPENCER	BRISBANE, 5 OCTOBER 2021

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd – Enterprise Agreement 2021 (Talloman Production) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derby Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australasian Meat Industry Employees 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 12 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Derby Industries Pty Ltd, trading as Talloman, and its employees. The matter related to the application for approval of the Enterprise Agreement 2021. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Act, whether the agreement complied with the "better off overall test" and whether it contained all the mandatory terms prescribed by the Act. Additionally, the Commission needed to assess whether the agreement was free from any prohibited content.

The Commission found that the agreement had been made in accordance with the necessary procedural requirements. It also met the "better off overall test" as the employees were not worse off and had certain benefits. The agreement contained all the mandatory terms prescribed by the Act and was free from any prohibited content. The Commission approved the Enterprise Agreement 2021, finding that it complied with all the statutory requirements.

No further orders were made beyond the approval of the Enterprise Agreement 2021.

Derby Industries Pty Ltd T/A Talloman

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established