DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2017/3502)

TURI FOODS PTY LTD BANNOCKBURN HATCHERY NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Turi Foods Pty Ltd Bannockburn Hatchery National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd Bannockburn Hatchery National Union of Workers 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.

[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] 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.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Turi Foods Pty Ltd applied for the approval of the Turi Foods Pty Ltd Bannockburn Hatchery National Union of Workers Enterprise Agreement 2017. The applicant is a company involved in the egg production industry, and the respondent is the National Union of Workers. The dispute centred on whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues the Commission was required to decide included whether the agreement provided for a fair and efficient workplace, and whether it was free from any improper influence or coercion. The Commission also needed to consider if the agreement included appropriate provisions for employee representation and the resolution of workplace disputes.

The Commission examined the agreement in detail, taking into account the provisions for wages, conditions, dispute resolution, and employee representation. The Commission found that the agreement was fair and efficient, and did not contain any improper influence or coercion. It also concluded that the agreement included appropriate provisions for employee representation and the resolution of workplace disputes. Therefore, the Commission approved the enterprise agreement, noting that it met the necessary requirements for approval under the Fair Work Act 2009.

The final orders of the Commission were that the Turi Foods Pty Ltd Bannockburn Hatchery National Union of Workers Enterprise Agreement 2017 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement is to be registered and will have effect from the date of the Commission's decision.

Turi 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