DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Turi Foods Pty Ltd
(AG2017/443)

TURI FOODS PTY LIMITED FIVE WAY VICTORIA HATCHERY ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2017

Application for approval of the Turi Foods Pty Limited Five Ways Victoria Hatchery Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Limited Five Ways Victoria Hatchery Enterprise Agreement 2016 (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. 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] 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 was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 4 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Turi Foods Pty Ltd was the subject of an application for approval of the Turi Foods Pty Ltd Five Ways Victoria Hatchery Enterprise Agreement 2016. The applicant, Turi Foods, sought approval of the agreement under the Fair Work Act 2009. The respondent, the Australian Building and Construction Commission, raised objections to the agreement. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. The Commission examined whether the agreement met the requirements for a simple agreement, which includes being in writing, signed by a majority of the employees in the enterprise, and not including provisions that were contrary to public policy. The Commission also considered whether the agreement provided for a fair and reasonable safety net for employees and whether it was appropriately certified by a certified agreement regulator.

The Commission found that the agreement was a genuine enterprise agreement and complied with the provisions of the Fair Work Act. The agreement was in writing, signed by a majority of the employees, and did not include any provisions that were contrary to public policy. The Commission also found that the agreement provided for a fair and reasonable safety net for employees and was appropriately certified by a certified agreement regulator. The Commission approved the agreement and made orders accordingly.

The Commission ordered that the Turi Foods Pty Ltd Five Ways Victoria Hatchery Enterprise Agreement 2016 be approved as a simple agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have effect from the date of registration. The Commission also ordered that the applicant pay the costs of the application.

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