DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tangaratta Stockfeeds Pty Ltd
(AG2020/1999)

TANGARATTA STOCKFEEDS PTY LIMITED ENTERPRISE AGREEMENT 2020- 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2020

Application for approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2020-2024 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2020. The nominal expiry date of the Agreement is 7 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tangaratta Stockfeeds Pty Ltd applied to the Fair Work Commission for approval of the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2020-2024, which had been negotiated with the Australian Manufacturing Workers’ Union. The dispute centered on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was required to determine if the agreement complied with the various statutory requirements and if it was in the best interests of the employees.

The primary legal issues for the Commission to decide were whether the agreement had been genuinely bargained, if it complied with the good faith provisions of the Act, and whether it satisfied the procedural requirements, such as the provision of relevant documents and the timing of the application. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees, considering factors such as the bargaining power of the parties, the nature of the enterprise, and the overall fairness of the terms.

The Commission found that the agreement had been genuinely negotiated and met the good faith provisions of the Act. It also confirmed that the necessary procedural requirements were satisfied, including the timely submission of the agreement and the provision of relevant documents. The Commission concluded that the agreement was in the best interests of the employees, taking into account the bargaining power of the parties, the nature of the enterprise, and the fairness of the terms. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Tangaratta Stockfeeds Pty Limited Enterprise Agreement 2020-2024, finding it to be genuinely negotiated, in compliance with good faith provisions, and in the best interests of the employees. The Commission's approval was based on the evidence presented and the statutory requirements of 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