DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tru Blu Beverages Pty Ltd
(AG2015/1443)

TRU BLU BEVERAGES PTY LIMITED ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 8 JULY 2015

Application for approval of the Tru Blu Beverages Pty Limited Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tru Blu Beverages Pty Limited Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tru Blu Beverages Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 15 July 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tru Blu Beverages Pty Ltd applied for the Fair Work Commission's approval of an enterprise bargaining agreement with its employees. The company sought to establish terms and conditions of employment for its workforce, which included a clause allowing for the termination of employment contracts under certain circumstances. The dispute was heard in the Fair Work Commission of Australia.

The central legal issue was whether the termination clause in the proposed agreement was consistent with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the clause provided fair and reasonable terms for employees, and if it complied with the procedural fairness and good faith bargaining requirements of the Act. Additionally, the Commission had to consider whether the clause was necessary for the company's operational requirements.

The Commission found that the termination clause did provide fair and reasonable terms for employees, taking into account the company's operational needs and the balance of rights and obligations between the employer and employees. The Commission was satisfied that the clause complied with the procedural fairness and good faith bargaining provisions of the Act. It was also determined that the clause was necessary for the company's operational requirements, particularly in managing its workforce efficiently. Therefore, the Commission approved the enterprise bargaining agreement.

As a result of the Commission's decision, the enterprise bargaining agreement was approved, and the termination clause was deemed valid and enforceable. This decision allowed Tru Blu Beverages Pty Ltd to implement the agreed terms and conditions of employment for its employees, providing certainty and stability in the workplace.

Tru Blu Beverages 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