DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trisco Foods Pty Ltd
(AG2016/4172)

TRISCO FOODS PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Trisco Foods Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Trisco Foods Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trisco Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trisco Foods Pty Ltd, a company engaged in the processing and distribution of meat products, sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements and whether it was made in good faith and without coercion, as mandated by the Act.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, made without coercion, and whether it met the criteria of being in writing and free from prohibited content. The Commission had to consider the process by which the agreement was negotiated and whether the employees had an opportunity to be involved in the negotiations. Additionally, the Commission assessed whether the agreement provided for fair terms and conditions, including wages, hours of work, and other employment-related matters.

The Fair Work Commission found that the Trisco Foods Pty Ltd Enterprise Agreement 2016 was made in good faith and without any element of coercion. It confirmed that the agreement was genuinely an enterprise agreement as it was negotiated between the employer and the employees' representatives. The Commission also determined that the agreement complied with the statutory requirements and contained fair terms and conditions of employment. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Trisco Foods Pty Ltd Enterprise Agreement 2016, effective from 1 April 2016. The decision ensures that the agreement, which provides for fair terms and conditions of employment, is now legally binding on both the employer and the employees.

Trisco Foods 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