Thomas Foods International Tamworth Pty Ltd

[2024] FWCA 3179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thomas Foods International Tamworth Pty Ltd

(AG2024/2953)

THOMAS FOODS INTERNATIONAL TAMWORTH PTY LTD PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2024

Meat Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 SEPTEMBER 2024

Application for approval of the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thomas Foods International Tamworth Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 3 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Meat Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Meat Industry Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2024. The nominal expiry date of the Agreement is 4 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Thomas Foods International Tamworth Pty Ltd, sought approval of an enterprise agreement that had been negotiated with the production employees. The respondents, the unions representing the employees, contested the application on the grounds that the agreement did not meet the requirements for modern awards and contained terms that were not fair and reasonable. The case was heard by Commissioner G Marshall.

The legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, including whether it was a genuine agreement and whether it contained terms that were fair and reasonable. The Commission had to consider the provisions of the Fair Work Act 2009 and relevant case law in making its decision.

After reviewing the evidence and arguments presented by both parties, the Commission found that the enterprise agreement was a genuine agreement that met the statutory requirements for approval. The Commission considered that the agreement contained terms that were fair and reasonable, and that it was not contrary to the objectives of the Fair Work Act. The Commission approved the enterprise agreement, subject to certain conditions.

The Fair Work Commission approved the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2024, subject to certain conditions. The Commission found that the agreement met the statutory requirements for approval and contained terms that were fair and reasonable. The agreement was approved on the basis that it would be subject to a review by the Commission after two years, and that certain changes to the agreement would require the consent of both parties. The Commission also made an order that the agreement would be registered with the Commission and would be binding on all parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established