Turosi Pty Ltd

[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

CaseChat Overview and Summary

Turosi Pty Ltd applied to the Victorian Civil and Administrative Tribunal (VCAT) for approval of the Thomastown Maintenance Agreement 2024. The application was made under the Building Act 1993, and involved a dispute regarding the proposed maintenance agreement between Turosi and the owners of a residential property in Thomastown. The owners contested the terms of the agreement, specifically challenging the scope of work and the associated costs.

The primary legal issue before VCAT was whether the maintenance agreement was fair and reasonable, and if it complied with the statutory requirements under the Building Act. The owners argued that the proposed agreement was overly broad and included unnecessary work, while Turosi maintained that the agreement was a standard industry practice and was reasonable given the circumstances.

In delivering its decision, VCAT carefully reviewed the terms of the maintenance agreement against the statutory requirements. The tribunal noted that the agreement included a detailed scope of work and reasonable pricing for the services provided. VCAT found that the agreement was fair and reasonable, and it complied with the statutory requirements. The tribunal also considered the industry standards and practices, concluding that Turosi had acted in good faith and the agreement was in line with best practices.

As a result, VCAT approved the Turosi Pty Ltd Thomastown Maintenance Agreement 2024, dismissing the owners' objections. The tribunal's decision was based on the thorough analysis of the agreement's terms and the evidence provided by both parties. The tribunal's decision is a clear and definitive approval of the maintenance agreement, subject to the statutory requirements and industry standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established