DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primo Moraitis Fresh Pty Ltd
(AG2016/3426)

PRIMO MORAITIS FRESH PTY LTD – NUW – EMPLOYEES – ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 18 JULY 2016

Application for approval of the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primo Moraitis Fresh Pty Ltd. 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Primo Moraitis Fresh Pty Ltd, sought approval of an enterprise agreement. The respondent, NUW, representing the employees of Primo Moraitis Fresh Pty Ltd, contested the application. The dispute centred on various provisions of the proposed agreement, particularly those relating to employment conditions and dispute resolution mechanisms. The Commission was tasked with determining 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 complied with the procedural requirements for enterprise agreements, such as the provision of relevant information and the opportunity for proper discussion. Additionally, the Commission had to assess whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable. The key focus was on ensuring the agreement was made in good faith and provided for the proper protection of employees' interests.

After considering the submissions and evidence from both parties, the Commission found that the agreement substantially complied with the legislative requirements. The Commission noted that while there were some minor procedural deficiencies, these did not undermine the overall validity of the agreement. The Commission concluded that the agreement was made in good faith and provided for the proper protection of employees' interests. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission were that the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2016 be approved as a registered agreement. This decision binds both the applicant and the respondent, and the agreement will now operate as a legally enforceable contract between the parties.

Primo Moraitis Fresh Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established