DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Tamworth Pty Ltd t/a TFI Tamworth Pty Ltd
(AG2019/5047)

THOMAS FOODS INTERNATIONAL TAMWORTH PTY LTD PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 MARCH 2020

Application for approval of the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2019.

[1] TFI Tamworth Pty Ltd has applied for approval of a single enterprise agreement known as the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the specified nominal expiry date of the Agreement being a date beyond that proscribed at s.186(5), whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Australasian Meat Industry Employees Union Newcastle & Northern NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 5 March 2020 and, notwithstanding clause 4.1 and in accordance with s.54, will operate from 12 March 2020. The nominal expiry date of the Agreement is 5 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Thomas Foods International Tamworth Pty Ltd t/a TFI Tamworth Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Production Employees Enterprise Agreement 2019. The applicants, represented by the company, sought the approval of this agreement which aimed to govern the employment conditions of production employees at the Tamworth site. The decision was pivotal as it would affect the terms and conditions of employment for a significant number of workers.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it contained the mandated minimum terms and conditions, and whether the bargaining process adhered to the statutory provisions. Additionally, the Commission had to consider the impact of the agreement on the employees' rights and protections.

The Fair Work Commission found that the agreement was largely compliant with the statutory requirements. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and it was evident that the parties had engaged in genuine bargaining. However, the Commission made several minor adjustments to ensure compliance with the Fair Work Act. The Commission also considered the impact of the agreement on the employees, finding that it provided fair and reasonable terms for the workers involved. Consequently, the Commission approved the agreement with the stipulated modifications.

The Fair Work Commission’s decision to approve the agreement with certain amendments sets a precedent for similar enterprise agreements. The approval process highlights the importance of adhering to statutory requirements while ensuring that the interests of both employers and employees are protected.

Thomas Foods International Tamworth Pty Ltd t/a TFI Tamworth 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