Turi Foods Pty Ltd Summary

[2013] FWCA 4731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2013/1642)

TURI FOODS PTY LTD GEELONG LIVE BIRD CATCHING COLLECTIVE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2013

Application for approval of the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Turi Foods Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 15 July 2013 an undertaking was provided by Mr W Jackson, the Company’s Human Resources Manager, in relation to clause 27 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205 of the Act the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2013. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Turi Foods Pty Ltd, an employer, and its employees, who sought the approval of a collective agreement. The specific agreement in question was the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2013. The primary focus of the dispute was whether the proposed agreement met the requirements set forth by the Fair Work Act 2009, particularly concerning its compliance with the relevant provisions and its appropriateness for the employees involved.

The legal issues that the Commission had to address included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements outlined in the Act, and whether it covered the appropriate bargaining unit. Additionally, the Commission needed to determine if the agreement contained terms that were fair and reasonable, considering the interests of both the employer and the employees.

The Commission meticulously examined the application and found that the agreement was indeed a genuine enterprise agreement, as it was negotiated in good faith and covered the appropriate bargaining unit. The procedural requirements of the Act were also satisfied, as the agreement was made following the correct process. The terms of the agreement were deemed fair and reasonable, taking into account the specific nature of the work and the interests of the employees. Consequently, the Commission approved the agreement, finding it to be in accordance with the requirements of the Fair Work Act 2009.

As a result of the Commission's decision, the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2013 was approved and registered under the Fair Work Act 2009. This approval meant that the terms of the agreement would apply to the employees covered by the bargaining unit, providing them with the protections and entitlements specified in the agreement.

Turi Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established