DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Talloman
(AG2017/2632)

TALLOMAN ENTERPRISE AGREEMENT 2017

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 AUGUST 2017

Application for approval of the Talloman Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Talloman Enterprise Agreement 2017 (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 T/A Talloman. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] As per clause 22 of the agreement, the model dispute settlement term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 28 August 2017 and, in accordance with s.54, will operate from 4 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Derby Industries Pty Ltd, trading as Talloman, applied for approval of the Talloman Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute centred around the content and compliance of the proposed agreement with the statutory requirements of the Act. The Fair Work Commission heard the matter and was required to determine whether the agreement met the necessary standards, including that it provided for a fair and equitable resolution of the employees' terms and conditions of employment.

The legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Act and whether it had been made in accordance with the procedural fairness requirements. Specifically, the Commission had to assess if the agreement was genuinely negotiated and if it contained adequate provisions for the resolution of any future disputes. Furthermore, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration and hours of work.

In its decision, the Fair Work Commission found that the Talloman Enterprise Agreement 2017 complied with the statutory requirements of the Fair Work Act 2009. The Commission held that the agreement contained all the mandatory terms and was the product of genuine negotiations. It was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it included provisions for the resolution of any future disputes. Consequently, the Commission approved the agreement.

The Fair Work Commission made an order approving the Talloman Enterprise Agreement 2017. The agreement was deemed to have effect from the date of the Commission's decision and was to be registered with the Fair Work Ombudsman. The order was final and binding, with no appeal available. The Commission's approval signified that the agreement met all legal requirements and was suitable for implementation within the enterprise.

Derby Industries Pty Ltd T/A Talloman

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established