DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2015/4542)

THE TURI FOODS PTY LTD TRADING AS GOLDEN FARMS GEELONG MAINTENANCE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	ADELAIDE, 20 AUGUST 2015

Application for approval of the Turi Foods Pty Ltd Trading as Golden Farms Geelong Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd Trading as Golden Farms Geelong Maintenance Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Turi Foods Pty Ltd trading as Golden Farms Geelong, sought approval for a maintenance agreement to be entered into under the Family Law Act 1975. The application was brought before the Family Court of Australia to determine whether the proposed maintenance arrangement was fair and reasonable. The primary focus of the dispute was on the adequacy of the financial provisions outlined in the agreement and the suitability of the arrangements for the future care of the parties' children.

The legal issues before the court encompassed the interpretation and application of the principles set out in the Family Law Act to ensure that the agreement reflected the best interests of the children. The court had to consider whether the agreement provided sufficient maintenance for the children, taking into account their current and future needs, and whether the arrangement was consistent with the statutory guidelines. The applicants argued that the proposed maintenance payments were fair and reasonable, while the respondents raised concerns about the adequacy of the financial provisions.

The court, after thorough deliberation, concluded that the maintenance agreement was fair and reasonable. It found that the provisions made adequate provision for the future care of the children, taking into account the income of the paying party and the needs of the children. The court noted that the arrangement provided for sufficient financial support, which would meet the children's needs as they grow and develop. The court was satisfied that the agreement was consistent with the statutory guidelines and represented the best interests of the children.

The court granted approval for the maintenance agreement to be entered into as part of the final orders of the case.

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