Derby Industries Pty Ltd T/A Talloman

[2014] FWCA 8126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Talloman
(AG2014/9632)

TALLOMAN ENTERPRISE AGREEMENT 2014

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2014

Application for approval of the Talloman Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Talloman Enterprise Agreement 2014 (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] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derby Industries Pty Ltd, trading as Talloman, applied to the Fair Work Commission for the approval of the Talloman Enterprise Agreement 2014. The application followed negotiations between Derby Industries and the relevant trade unions, aiming to formalise the terms and conditions of employment for the workers. The primary dispute centred around the procedural fairness of the agreement process and whether the agreement met the legal standards set out in the Fair Work Act 2009.

The legal issues before the court were whether the negotiation process was conducted in good faith, whether the agreement was made without coercion, and if the agreement complied with the procedural and substantive requirements under the Fair Work Act. Additionally, the court needed to assess whether the agreement adequately covered the minimum entitlements and allowed for the proper operation of the business.

In delivering the decision, the commission found that the negotiation process was conducted fairly and in good faith. The evidence presented indicated that both parties engaged in meaningful discussions and that no coercion was evident. The commission confirmed that the agreement met the minimum standards required by the Fair Work Act, including the protection of employees' rights and the business's operational needs. The agreement was thus found to be compliant with the necessary legal requirements, and the application for its approval was granted.

As a result, the Talloman Enterprise Agreement 2014 was approved, and the terms and conditions outlined in the agreement became legally binding for the employees and Derby Industries. This decision ensured that the agreement would support the efficient operation of the business while protecting the rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established