DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd
(AG2020/1083)

TUROSI GEELONG AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 MAY 2020

Application for approval of the Turosi Geelong and United Workers Union Enterprise Agreement 2019.

[1] Turosi Pty Ltd has applied for approval of a single enterprise agreement known as the Turosi Geelong and United Workers Union Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] The flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[4] On the basis of the material contained in the application and related materials, 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.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 7 May 2020 and, notwithstanding clause 5.2 and in accordance with s.54, will operate from 14 May 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turosi Pty Ltd applied to the Fair Work Commission for approval of the Turosi Geelong and United Workers Union Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The applicants sought to have the agreement registered, thereby making it a registered agreement for the purposes of the Fair Work Act. The applicants argued that the agreement contained appropriate safeguards to ensure that employees received a fair deal and that the agreement was in the interests of the employees.

The Fair Work Commission considered whether the agreement met the requirements of section 230 of the Fair Work Act. This required the Commission to determine whether the agreement provided for fair and proper terms and conditions of employment, and whether it was in the interests of the employees. The Commission also considered whether the agreement contained appropriate safeguards for employees, and whether it complied with the provisions of the Fair Work Act. The Commission found that the agreement met these requirements and was in the interests of the employees. The Commission approved the agreement, subject to certain modifications.

The Fair Work Commission found that the agreement provided for appropriate terms and conditions of employment, and was in the interests of the employees. The Commission noted that the agreement contained appropriate safeguards for employees, including provisions for dispute resolution and protection against adverse action. The Commission also found that the agreement complied with the provisions of the Fair Work Act. The Commission approved the agreement, subject to certain modifications, which included the removal of a clause that was found to be inconsistent with the Fair Work Act.

The Fair Work Commission approved the Turosi Geelong and United Workers Union Enterprise Agreement 2019, subject to certain modifications. The modifications were made to ensure that the agreement complied with the Fair Work Act and provided for appropriate terms and conditions of employment. The Commission found that the agreement was in the interests of the employees and contained appropriate safeguards for employees. The approval of the agreement ensures that it is a registered agreement for the purposes of the Fair Work Act, and provides for fair and proper terms and conditions of employment for the employees.

Turosi 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