DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tangaratta Stockfeeds Pty Ltd
(AG2016/1114)

TANGARATTA STOCKFEEDS PTY LIMITED ENTERPRISE AGREEMENT 2016-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tangaratta Stockfeeds Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tangaratta Stockfeeds Pty Ltd is a company involved in the production of stockfeeds in Australia. In this matter, the Fair Work Commission was asked to approve the Tangaratta Stockfeeds Pty Ltd Enterprise Agreement 2016-2020. The agreement, which was made between the company and the Australian Manufacturing Workers' Union, aimed to regulate the employment conditions of the workers. The nature of the dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The primary legal issues the court had to address were whether the agreement complied with the procedural requirements for registration, and whether it contained any provisions that were not genuinely related to the employment conditions of the workers. The court needed to determine if the agreement was made in good faith and if it provided for a fair and reasonable set of terms and conditions for the employees.

The Fair Work Commission, in its decision, evaluated the agreement based on the provisions of the Fair Work Act 2009. The court found that the agreement was made in good faith and contained provisions that were genuinely related to the employment conditions of the workers. The Commission also noted that the agreement adhered to the procedural requirements for registration and did not contain any unfair or unreasonable terms. Consequently, the Fair Work Commission approved the Tangaratta Stockfeeds Pty Ltd Enterprise Agreement 2016-2020, allowing it to be registered and enforceable under the Fair Work Act 2009.

Tangaratta Stockfeeds 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