DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tassal Group Limited T/A De Costi Seafood
(AG2021/375)

TASSAL LIDCOMBE PROCESSING ENTERPRISE AGREEMENT 2020

Seafood processing
DEPUTY PRESIDENT CROSS	SYDNEY, 18 MAY 2021

Application for approval of the Tassal Lidcombe Processing Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tassal Lidcombe Processing Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tassal Group Limited T/A DeCosti Seafood. The Agreement is a single enterprise agreement.

[2] Following on from my decision in [2021] FWC 2679, 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.

[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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The AWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after this approval. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tassal Group Limited, trading as De Costi Seafood, applied to the Fair Work Commission for approval of the Tassal Lidcombe Processing Enterprise Agreement 2020. The application followed a dispute regarding the terms and conditions of employment for workers at the Lidcombe processing facility. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms of employment, if it had been genuinely negotiated, and whether it complied with procedural requirements. Specifically, the Commission had to consider if the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off financially by the terms of the agreement. Additionally, the Commission assessed whether the agreement adequately addressed employee representation, dispute resolution, and other procedural fairness elements.

The Commission found that the agreement was fair and reasonable, meeting the BOOT and other statutory requirements. The Commission concluded that the agreement was genuinely negotiated and provided for appropriate terms and conditions, including pay rates, leave entitlements, and other employment benefits. The procedural requirements were also met, as the agreement was properly communicated to employees, and there was evidence of genuine consultation. The Commission approved the agreement, emphasising the importance of maintaining a balanced approach to the interests of both employers and employees.

The Fair Work Commission approved the Tassal Lidcombe Processing Enterprise Agreement 2020, affirming its compliance with the Fair Work Act 2009. The decision underscored the importance of fair terms of employment and genuine negotiation in industrial agreements. The Commission's approval of the agreement ensured that employees at the Lidcombe processing facility would benefit from a fair and reasonable workplace agreement.

Tassal Group Limited T/A De Costi Seafood

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established