Tangaratta Stockfeeds Pty Limited Summary

[2024] FWCA 2757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Tangaratta Stockfeeds Pty Limited
(AG2024/2403)
TANGARATTA STOCKFEEDS PTY LIMITED ENTERPRISE AGREEMENT 2024-2028

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 30 JULY 2024

Application for approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2024 – 2028.
[1]      An application has been made for approval of an enterprise agreement to be known as the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2024 – 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tangaratta Stockfeeds Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
[2]      The Employer has provided written undertakings dated 23 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
[3]      The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
[4]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[5]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 25 June 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A

CaseChat Overview and Summary

Tangaratta Stockfeeds Pty Limited recently applied to the Fair Work Commission for the approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2024-2028. The company sought to have the agreement certified as a single-enterprise agreement, applicable to its employees classified under the stockfeed manufacturing industry award. The nature of the dispute was whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission had to decide were whether the agreement met the requirements of being a single-enterprise agreement and if it complied with the procedural fairness and good faith bargaining principles. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, taking into consideration the existing industry standards and the parties' bargaining positions.

The Commission found that the agreement satisfied the necessary criteria for a single-enterprise agreement, including the involvement of genuine and meaningful bargaining between the parties. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, taking into consideration the existing industry standards and the parties' bargaining positions. Furthermore, the Commission found that the agreement was procedurally fair and that the parties had engaged in good faith bargaining. Consequently, the Commission approved the agreement, and it will be applicable to the employees of Tangaratta Stockfeeds Pty Limited from 1 January 2024 until 31 December 2028.

Tangaratta Stockfeeds Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 JULY 2024