DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Operations Pty Ltd
(AG2019/4736)

TASSAL OPERATIONS PTY. LTD. TRIABUNNA PROCESSING ENTERPRISE AGREEMENT 2019

Seafood processing
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Tassal Operations Pty. Ltd. Triabunna Processing Enterprise Agreement 2019

[1] Tassal Operations Pty Ltd has made an application for approval of an enterprise agreement known as the Tassal Operations Pty. Ltd. Triabunna Processing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 February 2020 and, in accordance with s 54, will operate from 20 February 2020. The nominal expiry date of the Agreement is 13 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tassal Operations Pty Ltd recently sought approval of the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2019 from the Fair Work Commission. The agreement, which was intended to replace the previous Tassal Group Enterprise Agreement 2017, was contested by the Australian Manufacturing Workers’ Union. The union argued that the proposed agreement was unfair and did not adequately protect the rights and interests of employees.

The key legal issues before the Commission involved whether the agreement was genuinely bargained, whether it complied with the Fair Work Act 2009, and whether it was in the best interests of the employees. Specifically, the union raised concerns about the agreement's provisions regarding pay rates, shift patterns, and the process for resolving disputes. The Commission had to determine if the agreement met the statutory requirements for being a "better off overall" agreement and if it complied with the procedural fairness requirements.

The Commission found that the agreement was genuinely negotiated and contained provisions that were in the best interests of the employees. It noted that the agreement improved the employees' pay rates, provided for more flexible shift patterns, and included a process for resolving disputes. The Commission concluded that the agreement met the statutory requirements and was fair and reasonable. Accordingly, the application for approval was granted.

The Commission made an order approving the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2019 as a registered agreement. The agreement is now binding on all employees who were party to the negotiation process and who are covered by the agreement. The union's objections were dismissed, and the agreement will come into effect on the date of the Commission's decision.

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