Salmon Enterprises of Tasmania Pty Ltd T/A Saltas

[2023] FWCA 2488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Salmon Enterprises of Tasmania Pty Ltd T/A Saltas

(AG2023/2586)

SALTAS (FRESHWATER OPERATIONS) ENTERPRISE AGREEMENT 2023

Aquaculture
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 AUGUST 2023

Application for approval of the SALTAS (Freshwater Operations) Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the SALTAS (Freshwater Operations) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Salmon Enterprises of Tasmania Pty Ltd T/A Saltas. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 June 2023 and the Agreement was made on 21 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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. The undertakings are taken to be a term of the Agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Salmon Enterprises of Tasmania Pty Ltd, trading as Saltas, applied for approval of the SALTAS (Freshwater Operations) Enterprise Agreement 2023. The application concerned the agreement reached between the employer and the employees' union, aiming to govern various terms and conditions of employment for the workers in the freshwater operations sector. The Commission was tasked with determining whether the agreement complied with the necessary statutory provisions and whether it was in the best interest of the employees.

The primary legal issues before the Commission involved the scrutiny of the agreement's compliance with the Fair Work Act 2009, specifically whether it met the criteria for "genuine agreement" and "better off overall test". Additionally, the Commission had to assess whether the agreement was procedurally fair and whether it adequately protected the rights and interests of the employees. The Commission also considered whether the agreement appropriately balanced the needs of the employer and the workforce, ensuring no undue detriment to any party.

After a thorough examination of the presented evidence and arguments, the Fair Work Commission found that the SALTAS (Freshwater Operations) Enterprise Agreement 2023 met all the statutory requirements. The Commission confirmed that the agreement was genuinely negotiated, covered essential terms and conditions, and was procedurally fair. Furthermore, the Commission determined that the agreement was in the best interest of the employees, fulfilling the better off overall test. Consequently, the Commission approved the enterprise agreement, acknowledging its fairness and effectiveness in regulating the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established