DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Murray Bridge Pty Ltd
(AG2020/3173)

THOMAS FOODS INTERNATIONAL MURRAY BRIDGE MAINTENANCE TECHNICIAN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 30 OCTOBER 2020

Application for approval of the Thomas Foods International Murray Bridge Maintenance Technician Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Thomas Foods International Murray Bridge Maintenance Technician Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thomas Foods International Murray Bridge Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 October 2020. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Thomas Foods International Murray Bridge Pty Ltd, an applicant, sought approval for the Thomas Foods International Murray Bridge Maintenance Technician Enterprise Agreement 2020. The application was made under section 230 of the Fair Work Act 2009, and the matter was heard by a delegate of the Commission. The primary dispute was whether the agreement met the criteria for approval, including whether it provided for the fair and efficient determination of employees' terms and conditions of employment, and whether it was consistent with the provisions of the Fair Work Act.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and the employees, whether it provided for adequate minimum rates of pay, and whether it complied with the requirements for employee representation and dispute resolution. The Commission also had to consider whether the agreement met the "better off overall test" (BOOT), ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was fair and efficient and met all the statutory requirements. It was determined that the agreement provided for adequate minimum rates of pay and appropriate conditions for the employees. Furthermore, the agreement was found to meet the BOOT, with employees being better off overall with the new conditions. The Commission was satisfied that the agreement allowed for fair and efficient determination of employees' terms and conditions of employment and that it was consistent with the Fair Work Act.

The Fair Work Commission approved the Thomas Foods International Murray Bridge Maintenance Technician Enterprise Agreement 2020, as it met all the criteria for approval and was fair and efficient. The agreement was deemed to provide for the fair and efficient determination of employees' terms and conditions of employment and was consistent with the Fair Work Act. The Commission also found that the agreement met the better off overall test, ensuring that employees would not be worse off financially under the new conditions.

Thomas Foods International Murray Bridge 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