DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2017/941)

TURI FOODS PTY LTD TRADING AS LA IONICA POULTRY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Poultry processing
COMMISSIONER ROE	MELBOURNE, 12 MAY 2017

Application for approval of the Turi Foods Pty Ltd trading as La Ionica Poultry and 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 trading as La Ionica Poultry and 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 Ptd 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 19 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Turi Foods Pty Ltd, trading as La Ionica Poultry, seeking approval for the 2017 Enterprise Agreement with the National Union of Workers. The dispute centred on the terms of the proposed agreement, including aspects of employee wages, conditions of employment, and procedural matters. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the "better off overall test" and the necessity for the agreement to facilitate the improvement of workplace relations.

The central legal issues before the Commission involved verifying whether the agreement adhered to the legislative standards set forth in the Fair Work Act, particularly focusing on the "better off overall test" which mandates that employees must be at least as well off under the new agreement as they would be under the applicable award or existing agreement. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees and if it facilitated improvements in workplace relations.

In its decision, the Commission detailed the steps taken to assess the agreement's compliance with the statutory requirements. The Commission considered the submissions from both parties, the evidence presented regarding the financial viability of the proposed terms, and the impact on employees' conditions. The Commission concluded that the agreement satisfied the "better off overall test" and would facilitate improvements in workplace relations. Therefore, the application for approval was granted.

The Fair Work Commission approved the Turi Foods Pty Ltd trading as La Ionica Poultry and National Union of Workers Enterprise Agreement 2017, subject to the terms and conditions specified in the 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