DECISION

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

Turi Foods Pty Ltd
(AG2017/444)

TURI FOODS PTY LIMITED NORTHERN VICTORIA FARMS ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2017

Application for approval of the Turi Foods Pty Limited Northern Victoria Farms Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Limited Northern Victoria Farms 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

The case of Turi Foods Pty Ltd involved the applicant, Turi Foods Pty Ltd, seeking approval for the Turi Foods Pty Limited Northern Victoria Farms Enterprise Agreement 2016. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved and registered under the Fair Work Act 2009. The legal issues at hand centred on the fairness and validity of the proposed enterprise agreement, including whether it met the necessary criteria for approval and if it provided for the proper terms and conditions of employment for the employees covered by the agreement.

The court focused on several key aspects of the agreement, including the negotiation process, the adequacy of the consultation with employee representatives, and whether the agreement contained all the mandatory terms and conditions required by the Fair Work Act. Furthermore, the court examined whether the agreement provided for fair and reasonable terms and conditions, taking into account the need to ensure a balance between the interests of the employer and the employees. The court also considered whether the agreement complied with the procedural requirements set out in the Act, including the need for the agreement to be in writing and for the parties to have taken genuine steps to negotiate the agreement in good faith.

After carefully considering the arguments presented by both parties and reviewing the evidence provided, the Fair Work Commission concluded that the proposed Turi Foods Pty Limited Northern Victoria Farms Enterprise Agreement 2016 was fair and reasonable, met all the necessary criteria for approval, and complied with the relevant statutory requirements. Consequently, the court granted the application and approved the agreement, which will now be registered under the Fair Work Act. This decision ensures that the employees covered by the agreement will have access to fair and reasonable terms and conditions of employment, while also providing Turi Foods Pty Ltd with the flexibility to manage its business effectively.

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