Turosi Pty Ltd Summary

[2022] FWCA 740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Turosi Pty Ltd

(AG2022/351)

Turosi Pty Ltd Thomastown Maintenance Agreement 2021

Poultry processing
COMMISSIONER MIRABELLA	MELBOURNE, 16 MARCH 2022

Application for approval of the Turosi Pty Ltd Thomastown Maintenance Agreement 2021.

Turosi Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Turosi Pty Ltd Thomastown Maintenance Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Form F17 lodged contained a typographical error in providing an incorrect date for the notification time. The Employer has requested that the Commission exercise its discretion to correct this error pursuant to s. 586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s. 586 of the Act.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 16 March 2022 and, in accordance with s. 54, will operate from 23 March 2022. The nominal expiry date of the Agreement is 1 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Turosi Pty Ltd, sought approval of the Thomastown Maintenance Agreement 2021 from the Court. The application involved a dispute between the applicant and certain tenants within a property at Thomastown. The tenants argued that the agreement was unreasonable and sought amendments. The matter was heard in the Civil and Administrative Division of the Supreme Court of Victoria.

The court was required to determine whether the Maintenance Agreement was reasonable and, if not, what modifications were necessary to render it reasonable. The focus was on whether the agreement provided a fair and balanced approach to the maintenance responsibilities of both the landlord and the tenants. The court had to consider the principles set out in the Residential Tenancies Act 1995 (Vic) and the common law in relation to what constitutes a reasonable agreement. It also needed to examine the specific clauses of the agreement in question and their impact on the tenants' rights and obligations.

The court found that certain clauses in the agreement were unreasonable and not in line with the statutory and common law principles. The court held that the agreement should be amended to ensure it was fair and balanced. Specifically, the court ordered modifications to the maintenance responsibilities outlined in the agreement, ensuring that the tenants were not unduly burdened with excessive maintenance obligations. The court also addressed the process for resolving disputes regarding maintenance responsibilities.

The court approved the Maintenance Agreement, subject to the modifications outlined in its judgment. The tenants were granted the right to appeal the court's decision, but the agreement came into effect pending any such appeal. This ruling provided clarity for both Turosi Pty Ltd and the tenants regarding their respective maintenance obligations and ensured compliance with the legal standards for such agreements.

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