Turi Foods Pty Ltd Summary

[2014] FWCA 5780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2014/6916)

TURI FOODS PTY LTD TRADING AS LA IONICA POULTRY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 AUGUST 2014

Application for approval of the Turi Foods Pty Ltd trading as La Ionica Poultry and National Union of Workers Enterprise Agreement 2013.

[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 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Turi Foods Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Turi Foods Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] TheNational 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2014. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Turi Foods Pty Ltd, trading as La Ionica Poultry, and the National Union of Workers. The dispute pertained to the approval of the 2013 Enterprise Agreement between the employer and the union. The Fair Work Commission was the tribunal tasked with resolving the matter.

The central legal issues revolved around whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. Specific concerns included the agreement's provisions regarding wages, conditions of employment, and the process by which the agreement was formed. The union argued that the agreement was fair and just, while the employer contended that certain provisions were not in line with the statutory requirements.

The Fair Work Commission examined the evidence presented and considered the statutory criteria for approving enterprise agreements. The Commission found that the agreement did comply with the relevant provisions of the Act and was made in good faith. The Commission emphasised the importance of fair and transparent bargaining processes and noted the employer's efforts to engage with the union in good faith. The agreement was subsequently approved, with the Commission issuing a certificate of registration.

The Fair Work Commission's decision was based on a detailed analysis of the evidence and the application of the statutory criteria. The Commission approved the Enterprise Agreement and issued a certificate of registration, confirming that the agreement met the necessary legal standards. This decision ensures that the agreement is legally binding and enforceable between the parties.

Turi Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established