Tek Foods (Australia) Pty Ltd Summary

[2022] FWCA 2938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tek Foods (Australia) Pty Ltd

(AG2022/3199)

Tek Foods and United Workers Union Enterprise Agreement 2022

Meat Industry
DEPUTY PRESIDENT EASTON	SYDNEY, 25 AUGUST 2022

Application for approval of the Tek Foods and United Workers Union Enterprise Agreement 2022.

Tek Foods (Australia) Pty Ltd (the Employer) has made an application for the approval of the Tek Foods and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2022. The nominal expiry date of the Agreement is 29 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tek Foods (Australia) Pty Ltd applied for the approval of the Tek Foods and United Workers Union Enterprise Agreement 2022. The dispute involved the terms of the proposed agreement, which Tek Foods and the United Workers Union had negotiated. The Commission was required to determine whether the agreement complied with the relevant legislative provisions and public interest considerations.

The primary legal issues centred around the compliance of the proposed agreement with the Fair Work Act 2009, particularly in relation to the coverage of employees, the procedural fairness in the negotiation process, and whether the terms of the agreement met the standards for minimum entitlements and protections. The Commission also needed to assess if the agreement was in the public interest, considering factors such as economic impact and industrial relations stability.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement largely complied with the legislative requirements. The negotiation process was deemed procedurally fair, and the terms of the agreement provided adequate minimum entitlements and protections for the employees. The Commission concluded that the agreement would not have an adverse effect on the public interest. Consequently, the Commission approved the Tek Foods and United Workers Union Enterprise Agreement 2022, subject to the specified conditions and effective from the date of the decision.

The final orders included the approval of the agreement with certain conditions, effective immediately upon the decision. The Commission mandated that both parties comply with the Fair Work Act and the terms of the agreement, ensuring that the rights and obligations of the employees were upheld.

Tek Foods (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established