DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tibaldi Australasia Pty Ltd T/A Tibaldi
(AG2018/5956)

TIBALDI ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Tibaldi Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tibaldi Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tibaldi Australasia Pty Ltd T/A Tibaldi. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 7 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tibaldi Australasia Pty Ltd, trading as Tibaldi, sought approval for the Tibaldi Enterprise Agreement 2018 in the Fair Work Commission. The application concerned the terms and conditions of employment for certain workers under the agreement. The dispute involved whether the agreement complied with the Fair Work Act 2009 and if it adequately covered all required aspects, such as minimum wages, penalty rates, leave entitlements and other employment conditions.

The central legal issue was whether the agreement met all statutory requirements for approval under the Fair Work Act. The court had to consider if the agreement provided for fair and reasonable terms and conditions, if it complied with the mandatory provisions of the Act, and if it was consistent with the overarching principles of the national workplace relations system. Additionally, the court examined whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission held that the agreement generally met the necessary statutory criteria for approval. The Commission found that the agreement provided fair and reasonable terms and conditions of employment and complied with the mandatory requirements of the Fair Work Act. The Commission also determined that the agreement appropriately balanced the interests of the parties and was consistent with the broader objectives of the national workplace relations system. The Commission approved the Tibaldi Enterprise Agreement 2018 subject to certain conditions and modifications to ensure full compliance with the Act.

Tibaldi Australasia Pty Ltd T/A Tibaldi

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established