Turosi Pty Ltd
[2024] FWCA 4714
•31 DECEMBER 2024
| [2024] FWCA 4714 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Turosi Pty Ltd
(AG2024/4973)
TUROSI PTY LTD THOMASTOWN MAINTENANCE AGREEMENT 2024
| Poultry processing | |
| COMMISSIONER ALLISON | MELBOURNE, 31 DECEMBER 2024 |
Application for approval of the Turosi Pty Ltd Thomastown Maintenance Agreement 2024
Turosi Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Turosi Pty Ltd Thomastown Maintenance Agreement 2024 (the Agreement).
The United Workers’ Union, 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 United Workers’ Union.
The Notice of Employee Representational Rights issued to the employees was not in the current form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
Clause 26 of the Agreement, relating to workplace delegates’ rights, states “will be as per the Award.” Clause 4 of the Agreement incorporates the terms of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) into the Agreement in certain circumstances. I am satisfied that the workplace delegates’ rights term in Clause 40A of the Award is taken to be a term of the Agreement.
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 is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 1 December 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527464 PR782901>
0
0
0