DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Operations Pty Ltd
(AG2016/5710)

TASSAL OPERATIONS PTY LTD TRIABUNNA PROCESSING ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tassal Operations 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] 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 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 was approved on 16 November 2016 and, in accordance with s.54, will operate from 23 November 2016. The nominal expiry date of the Agreement is 16 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Tassal Operations Pty Ltd applied to the Fair Work Commission for approval of the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2016. The application was brought under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at Tassal's Triabunna processing facility. The Commission was required to determine whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and whether the agreement was in the best interests of the employees.

The Commission considered the evidence and submissions from both Tassal and the relevant union. It examined the process of bargaining leading to the agreement, the content of the agreement, and whether it was made in good faith. The Commission also assessed whether the agreement would have a beneficial effect on the employees by providing fair and reasonable terms of employment. In its decision, the Commission found that the agreement was made in good faith and that it was in the best interests of the employees. The Commission approved the agreement, noting that it provided fair and reasonable terms for the workers.

The Fair Work Commission approved the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2016. The Commission found that the agreement was made in good faith and met the statutory requirements for approval. The decision highlights the importance of fair and reasonable terms of employment and the role of good faith bargaining in the enterprise agreement process. The approval of this agreement provides certainty and stability for the employees at Tassal's Triabunna processing facility.

Tassal Operations 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