Turi Foods Pty Ltd

[2014] FWCA 3565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2014/3503)

TURI FOODS PTY LTD TRADING AS GOLDEN FARMS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 MAY 2014

Application for approval of the Turi Foods Pty Ltd Trading as Golden Farms and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Turi Foods Pty Ltd Trading as Golden Farms and National Union of Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Turi Foods Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Turi Foods Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Turi Foods Pty Ltd, trading as Golden Farms, sought approval of the Enterprise Agreement with the National Union of Workers. The applicant, representing employees in the fresh produce industry, aimed to have the agreement certified as a simple, low-complexity agreement, exempt from the additional scrutiny required for higher complexity agreements. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The central legal issue was whether the Enterprise Agreement could be certified as a simple, low-complexity agreement, which would exempt it from the additional scrutiny required for higher complexity agreements. The determination of simplicity was based on the complexity of the terms and the number of employees involved. The complexity of the agreement was assessed based on various factors, including the length of the agreement, the number of clauses, the presence of complex language, and the need for expert interpretation.

The Fair Work Commission found that the agreement met the criteria for a simple, low-complexity agreement. The agreement was of reasonable length, contained a moderate number of clauses, and used clear and straightforward language. The terms were largely standard and did not require expert interpretation. The number of employees covered by the agreement was also within the threshold for a simple agreement. Based on these factors, the Commission certified the agreement as a simple, low-complexity agreement.

The Fair Work Commission approved the Enterprise Agreement between Turi Foods Pty Ltd and the National Union of Workers as a simple, low-complexity agreement. This decision exempts the agreement from the additional scrutiny required for higher complexity agreements. The certification facilitates the implementation of the agreement and ensures that the parties can proceed with their workplace arrangements in an efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established