DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primo Moraitis Fresh Pty Ltd
(AG2016/6582)

PRIMO MORAITIS FRESH PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Primo Moraitis Fresh Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[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 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] 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 was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primo Moraitis Fresh Pty Ltd, the applicant, sought approval of its 2016 Enterprise Agreement with the National Union of Workers. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009. The Fair Work Commission heard the matter. The legal issues that the Commission had to resolve were whether the agreement complied with the statutory requirements for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if it contained mandatory terms that met the standards set by the Act.

The Commission examined the negotiation process and the content of the agreement, including the terms relating to pay rates, working conditions, and dispute resolution mechanisms. The Commission found that the agreement had been negotiated in good faith and that it contained fair and reasonable terms. The Commission approved the agreement, noting that the parties had demonstrated a commitment to a fair and balanced resolution of their differences. The Commission also found that the mandatory terms were consistent with the standards established by the Act and did not disadvantage any party.

The Commission's decision was based on a thorough analysis of the evidence presented and the applicable legal framework. The Commission found that the agreement met the necessary criteria for approval and was in the best interests of the parties and their employees. The Commission's decision provides guidance for future negotiations and agreements between employers and unions in the industry. The Commission approved the agreement, and the parties were required to implement the terms of the agreement in accordance with the decision.

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