Turosi Pty Ltd Summary

[2019] FWCA 6842

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Turosi Pty Ltd

(AG2019/3309)

Turosi Pty Ltd Queensland Maintenance Agreement 2018

Manufacturing and associated industries
Commissioner Booth	BRISBANE, 4 OCTOBER 2019

Application for approval of the Turosi Pty Ltd Queensland Maintenance Agreement 2018.

An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Turosi Pty Ltd (the Applicant) for approval of the Turosi Pty Ltd Queensland Maintenance Agreement 2018 (the Agreement). The Agreement is a single enterprise agreement.

It is noted that clause 21.4 of the Agreement in relation to public holidays does not appear consistent with the requirements of the Act and the National Employment Standards (NES). I rely here on the NES precedence clause at clause 3.2 of the Agreement.

Subject to the matter raised at paragraph [2], I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act and clause 4.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 October 2022.

COMMISSIONER

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CaseChat Overview and Summary

Turosi Pty Ltd, an applicant, sought approval for the Queensland Maintenance Agreement 2018, which aimed to establish the terms and conditions governing the maintenance of certain assets within Queensland. The application was brought before the court to determine whether the agreement met the necessary legal standards and public interest considerations. The court was required to assess the compliance of the agreement with the relevant legislation and the impact it would have on the parties involved and the public at large.

The primary legal issues that the court needed to address included the validity of the agreement's contents in relation to the statutory framework, the fairness and reasonableness of the terms proposed, and whether the agreement would serve the public interest. Additionally, the court considered whether the agreement provided adequate protection for the rights of the parties and whether it adhered to any relevant codes of practice or guidelines. The court also needed to determine if the agreement was consistent with the objectives of the legislation and if it would result in any undue hardship or injustice to any party.

After careful consideration of the submissions and evidence presented, the court concluded that the agreement met the necessary legal standards and public interest considerations. The court found that the terms of the agreement were fair, reasonable, and in compliance with the relevant legislation. Furthermore, the court determined that the agreement would not result in any undue hardship or injustice to any party and would adequately protect the rights of all involved. Consequently, the court approved the Queensland Maintenance Agreement 2018.

Turosi Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established