Tibaldi Australasia Summary

[2013] FWCA 9905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tibaldi Australasia
(AG2013/11890)

TIBALDI ENTERPRISE AGREEMENT 2013

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 DECEMBER 2013

Application for approval of the Tibaldi Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tibaldi Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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. An undertaking concerning clause 23.3 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[1] The Agreement is approved. In accordance with s.54(1) it will operate from 25 December 2013. The nominal expiry date of the Agreement is 17 December 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tibaldi Australasia and the Australian Workers' Union, with the Fair Work Commission (FWC) presiding over the application for approval of the Tibaldi Enterprise Agreement 2013. The dispute centred around the union's objection to the agreement, primarily due to concerns regarding the proposed conditions for part-time employees, which they believed were less favourable compared to full-time employees. The union argued that these terms did not meet the 'better-off overall test' as stipulated under the Fair Work Act 2009.

The central legal issue before the FWC was whether the terms of the Tibaldi Enterprise Agreement 2013 were fair and reasonable, particularly in light of the union's objections. The FWC needed to assess whether the proposed conditions for part-time employees were indeed less favourable and whether this adversely impacted their overall conditions when compared to full-time employees. Additionally, the FWC had to determine if the agreement complied with the 'better-off overall test' as outlined in the Fair Work Act.

In its decision, the FWC conducted a thorough analysis of the agreement, weighing the specific terms and conditions proposed for part-time employees against those for full-time employees. The Commission considered the overall impact on part-time workers and whether they would be better off under the new agreement. The FWC found that the proposed conditions did not disadvantage part-time employees to the extent claimed by the union. Consequently, the FWC approved the agreement, finding that it met the requirements of the Fair Work Act, including the 'better-off overall test'. The Commission concluded that the agreement was fair and reasonable, and thus approved the application for its registration.

Tibaldi Australasia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established