Derby Industries Pty Ltd Trading AS Talloman

[2025] FWCA 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Derby Industries Pty Ltd Trading AS Talloman

(AG2025/2328)

DERBY INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2025 (TALLOMAN)

Meat Industry
COMMISSIONER SIMPSON	BRISBANE, 8 AUGUST 2025

Application for approval of the Derby Industries Pty Ltd Enterprise Agreement 2025 (Talloman).

An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd Enterprise Agreement 2025 (Talloman) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Debry Industries Pty Ltd Trading AS Talloman (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings and amendment referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees’ Union (AMIEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australian Branch (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMIEU and the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of this Agreement will be 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Derby Industries Pty Ltd Trading as Talloman, the Fair Work Commission was tasked with deciding on the application for approval of the Derby Industries Pty Ltd Enterprise Agreement 2025. The dispute arose between the employer, represented by Derby Industries, and the employees, who are members of the relevant union. The crux of the disagreement centred on the terms and conditions stipulated within the proposed enterprise agreement, particularly those relating to pay rates, working conditions, and employee entitlements. The Fair Work Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided a safety net for the employees involved.

The legal issues that the Commission had to address included the assessment of whether the agreement was made in good faith and without coercion, if it provided a safety net for employees, and whether it adhered to the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement met the procedural requirements, such as the provision of relevant information to the employees and whether there had been adequate consultation with the union. The central point of contention was the extent to which the agreement balanced the interests of both the employer and the employees, particularly in relation to the proposed changes to working hours and the implications for employee entitlements.

The Fair Work Commission, in its detailed analysis, found that the agreement was indeed made in good faith and without coercion, and it provided an appropriate safety net for the employees. The Commission was satisfied that the procedural requirements were met, and the consultation process was robust. The Commission also considered the economic context and the need for flexibility in the workplace, which were factors that supported the terms of the agreement. Consequently, the Commission approved the Derby Industries Pty Ltd Enterprise Agreement 2025, finding that it met all statutory requirements and was fair and reasonable for both parties. The approval of the agreement ensures that the terms and conditions are legally binding and enforceable, providing clarity and certainty for both the employer and the employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established