DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited T/A Tassal
(AG2018/1773)

TASSAL OPERATIONS PTY. LTD. MARGATE PROCESSING ENTERPRISE AGREEMENT 2017

Seafood processing
COMMISSIONER GREGORY	MELBOURNE, 25 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty. Ltd. Margate 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 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.

[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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

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. Margate Processing Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union, contending that the agreement did not meet the standards required for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement contained the necessary provisions for the protection of employees' rights and interests, as well as whether it complied with the procedural requirements for enterprise agreements.

The legal issues before the Commission involved whether the agreement provided adequate coverage and protection for employees, including provisions on wages, hours of work, and other conditions. Additionally, the Commission had to assess if the agreement had been genuinely negotiated between Tassal and the union, and whether it met the "no disadvantaging" test, ensuring it did not disadvantage employees compared to the applicable award or safety net. The procedural fairness of the negotiation process and the agreement's compliance with the Fair Work Act were also scrutinised.

In its decision, the Fair Work Commission found that the agreement did not adequately address certain employee entitlements and procedural protections. The Commission concluded that several provisions were not in line with the standards set by the Fair Work Act, particularly in relation to procedural fairness and the no disadvantaging test. Consequently, the application for approval was dismissed, and the agreement was not certified. The Commission emphasised the importance of ensuring that enterprise agreements provide comprehensive and fair protections for employees, and that they are genuinely negotiated and free from any form of disadvantage.

The Fair Work Commission's final order was that the Tassal Operations Pty. Ltd. Margate Processing Enterprise Agreement 2017 be refused approval. The Commission directed that the agreement be returned to the parties for further negotiation and amendment, with specific instructions to address the identified deficiencies in a manner that ensures compliance with the Fair Work Act and the protection of employee rights.

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