Primo Moraitis Fresh Pty Ltd

[2014] FWCA 5062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Primo Moraitis Fresh Pty Ltd
(AG2014/1860)

PRIMO MORAITIS FRESH PTY LTD - NUW - EMPLOYEES - ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 JULY 2014

Application for approval of the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Primo Moraitis Fresh Pty Ltd - NUW - Employees - 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 Primo Moraitis Fresh Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 August 2014. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Primo Moraitis Fresh Pty Ltd, an applicant, sought approval for the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2014. The applicant argued that the enterprise agreement was fair and reasonable, while the respondent, the National Union of Workers (NUW), contested the fairness of certain provisions. The dispute centred on the agreement's terms and conditions, particularly those related to wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the enterprise agreement was made in good faith and free from coercion, and whether it was fair and reasonable in all its terms. The Commission had to consider the statutory requirements under the Fair Work Act 2009, including the criteria for assessing the fairness and reasonableness of an enterprise agreement. The Commission also needed to determine if the agreement complied with the procedural requirements for making an enterprise agreement.

The Commission held that the enterprise agreement was made in good faith and free from coercion. It found that the agreement was fair and reasonable in all its terms, taking into account the bargaining positions of the parties, the nature of the industry, and the economic context. The Commission was satisfied that the agreement met the statutory criteria for approval, and it considered the procedural requirements had been adequately met. As a result, the Commission approved the enterprise agreement.

The Commission's final order was that the Primo Moraitis Fresh Pty Ltd - NUW - Employees - Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement is now binding on the parties and will regulate the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established