Primo Moraitis Fresh Pty Ltd Summary

[2014] FWCA 4964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primo Moraitis Fresh Pty Ltd
(AG2014/6682)

PRIMO MORAITIS FRESH PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 JULY 2014

Application for approval of the Primo Moraitis Fresh Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Primo Moraitis Fresh Pty Ltd and National Union of Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primo Moraitis Fresh Pty Ltd applied for the approval of their 2013 enterprise agreement with the National Union of Workers. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key issues were whether the agreement was made in good faith, if it provided for proper workplace conditions, and whether it complied with the provisions for mandatory bargaining.

The Commission examined the process through which the agreement was negotiated, the contents of the agreement, and the compliance with relevant procedural requirements. It was noted that the parties had engaged in extensive negotiations and had made a genuine effort to reach an agreement. The contents of the agreement were scrutinised to ensure they provided adequate protections for employees and did not unfairly disadvantage any party. The Commission also considered whether the mandatory provisions of the Fair Work Act had been adequately addressed within the agreement.

After reviewing the evidence and arguments presented, the Commission determined that the agreement was made in good faith, provided for appropriate workplace conditions, and complied with the statutory requirements for approval. The Commission approved the Primo Moraitis Fresh Pty Ltd and National Union of Workers Enterprise Agreement 2013. The approval ensures that the terms and conditions set out in the agreement will be legally binding on the parties involved.

Primo Moraitis Fresh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established