DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E C Throsby Pty Limited T/A E C Throsby Pty Limited
(AG2018/5492)

EC THROSBY PTY LTD MAINTENANCE TEAM ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER GREGORY	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the EC THROSBY PTY LTD MAINTENANCE TEAM Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EC THROSBY PTY LTD MAINTENANCE TEAM Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E C Throsby Pty Limited T/A E C Throsby Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 27 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves E C Throsby Pty Limited, trading as E C Throsby Pty Limited, and was heard in the Fair Work Commission. The company applied for approval of the EC THROSBY PTY LTD MAINTENANCE TEAM Enterprise Agreement 2018. The dispute arose from negotiations between the company and the maintenance team's employees, focusing on the terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the minimum rights of employees, the bargaining process, and the content of the enterprise agreement. The Commission had to determine if the agreement adequately protected the minimum entitlements of employees, if the negotiation process was fair, and if the agreement contained permissible terms and conditions.

The Fair Work Commission found that the agreement met the statutory requirements. It ensured that employees' minimum rights were preserved, including protections related to wages, leave, and dispute resolution mechanisms. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement contained permissible terms and conditions. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission were that the EC THROSBY PTY LTD MAINTENANCE TEAM Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's decision, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the company and its maintenance team employees.

E C Throsby Pty Limited T/A E C Throsby Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established