DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited T/A Tassal
(AG2017/3971)

TASSAL OPERATIONS PTY. LTD. HUONVILLE PROCESSING ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Tassal Operations Pty Ltd Huonville Processing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty. Ltd. Huonville Processing Enterprise Agreement 2017 (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 Tassal. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tassal Group Limited, trading as Tassal, applied to the Fair Work Commission for approval of the Tassal Operations Pty Ltd Huonville Processing Enterprise Agreement 2017. The application arose from negotiations between Tassal and the Tasmanian Food and Allied Workers Union, who sought to improve the working conditions of their members employed at Tassal's Huonville processing facility. The primary legal issues before the Commission involved assessing whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly if it was made in the course of good faith bargaining, and whether it contained minimum terms and conditions of employment as mandated by the Act.

The Commission examined the process of negotiations and whether both parties had engaged in good faith. It also evaluated the substantive provisions of the agreement to ensure it included the necessary minimum terms and conditions, such as rates of pay, leave entitlements, and other employment standards. The Commission took into account submissions from both parties and relevant legislative provisions. In its reasoning, the Commission determined that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. Therefore, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

As a result of this decision, the Tassal Operations Pty Ltd Huonville Processing Enterprise Agreement 2017 was approved and registered with the Fair Work Commission. This approval ensures that the agreement legally binds both Tassal and the union members, providing a framework for employment conditions at the Huonville processing facility. The final orders included the registration of the agreement, which would now govern the employment terms of the workers involved.

Tassal Group Limited T/A Tassal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established