DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd T/A Golden Farms
(AG2016/7509)

TURI FOODS PTY LTD TRADING AS GOLDEN FARMS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2017

Application for approval of the Turi Foods Pty Ltd Trading as Golden Farms and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd Trading as Golden Farms and National Union of Workers 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 T/A Golden Farms. 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. 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.

[3] 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.

[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 27 January 2017 and, in accordance with s.54, will operate from 3 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turi Foods Pty Ltd, trading as Golden Farms, sought approval of their 2016 enterprise agreement from the Fair Work Commission. The National Union of Workers was the other party involved in the dispute. The agreement, which covered employees in the poultry processing industry, aimed to regulate terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The union argued the agreement was appropriate for the workforce and compliant with the Fair Work Act 2009. Golden Farms contested the union's bargaining representative status and questioned the fairness and compliance of the agreement provisions.

The central legal issues before the Commission were whether the National Union of Workers was the appropriate bargaining representative for the employees, and if the agreement met the requirements for approval under the Fair Work Act 2009. The Commission examined the union's authorisation as the bargaining representative and assessed whether the agreement complied with the "better off overall test" and other statutory criteria, such as not prejudicing the employees' health and safety. The fairness of the agreement's terms and conditions, including wages and working hours, was also scrutinised.

The Fair Work Commission found that the National Union of Workers was indeed the appropriate bargaining representative for the employees. The agreement was deemed to meet the "better off overall test," as it provided employees with improved terms and conditions compared to the applicable award. The Commission concluded that the agreement was fair and not prejudicial to the employees' health and safety. Therefore, the application for approval of the enterprise agreement was successful. The Commission certified the agreement, making it legally binding between Golden Farms and the employees covered by the agreement.

Turi Foods Pty Ltd T/A Golden Farms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established