Turi Foods Pty Ltd

[2018] FWCA 2868

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Turi Foods Pty Ltd

(AG2018/469)

Turi Foods Pty Ltd trading as Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Commissioner Johns	SYDNEY, 21 MAY 2018

Application for approval of the Turi Foods Pty Ltd trading as Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd trading as Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Turi Foods Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Turi Foods Pty Ltd, sought approval for the Enterprise Agreement it had entered into with its employees, trading as Colonial Farm (Aust) Pty Ltd. The Fair Work Commission (FWC) was the court before which the matter was heard. The dispute involved the fairness and validity of the agreement in question.

The primary legal issues addressed by the FWC were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it contained all the mandatory terms, and whether it had been made in good faith. The FWC also needed to consider whether the agreement met the requirement of being a "better off overall test" (BOOT) for the employees. The applicant argued that the agreement was fair and had been made in good faith, while the respondents raised concerns about certain provisions of the agreement.

The FWC examined the application and considered the evidence presented by both parties. In its decision, the FWC found that the agreement contained all the mandatory terms and was made in good faith. The FWC concluded that the agreement met the BOOT and was, therefore, fair and reasonable. The FWC approved the Enterprise Agreement, subject to the conditions set out in the decision.

The FWC ordered that the Enterprise Agreement be registered and approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2017 and would remain in force until 30 June 2022, unless terminated earlier in accordance with the agreement or the law. The FWC also noted that the agreement included provisions for the resolution of any disputes that may arise in the future, which would be subject to the jurisdiction of the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established