DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd
(AG2019/5144)

TUROSI PTY LTD BROADMEADOWS ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER WILSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Turosi Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Australasian Meat Industry Employees 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 organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Turosi Pty Ltd applied for the approval of the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The parties to the dispute were Turosi Pty Ltd and the United Voice union. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically focusing on the fairness and compliance of these terms with the relevant industrial laws.

The legal issues before the court were whether the terms of the enterprise agreement were fair and whether they complied with the applicable provisions of the Fair Work Act 2009. The court had to consider if the agreement met the ‘better off overall test’ and whether it contained all the required minimum terms as specified in the Act. The court also needed to determine if the agreement had been made in good faith and whether it was free from any unlawful content.

The court found that the terms of the enterprise agreement were fair and complied with the statutory requirements. The court considered the evidence presented regarding the negotiation process and the benefits and detriments to the employees. It was concluded that the agreement was better off overall for the employees and contained all necessary minimum terms. The court also found that the agreement had been made in good faith and was free from any unlawful content. The court approved the application, confirming the enterprise agreement as valid and binding.

The final orders of the court were that the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement would now be enforceable under the Fair Work Act 2009, governing the employment conditions of the employees covered by the agreement.

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