Turosi Pty Ltd Summary

[2021] FWCA 6875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd
(AG2021/8068)

TUROSI PTY LTD QUEENSLAND MAINTENANCE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the Turosi Pty Ltd Queensland Maintenance Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Turosi Pty Ltd Queensland Maintenance Agreement 2021 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 3 December 2021. The nominal expiry date of the Agreement is 26 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Turosi Pty Ltd, the applicant, the Queensland Court of Appeal was asked to consider the approval of a maintenance agreement executed by the parties involved. This maintenance agreement, the Turosi Pty Ltd Queensland Maintenance Agreement 2021, was contested by the respondent, who raised concerns regarding the terms of the agreement and their implications for the applicant's ongoing operations.

The primary legal issue before the court was whether the terms of the maintenance agreement were fair and reasonable, particularly in light of the respondent's objections. The court was required to assess the agreement against the criteria established under relevant legislative frameworks that govern such maintenance agreements, ensuring that the agreement was not unfairly prejudicial to the respondent or otherwise contrary to public policy.

In delivering its judgment, the court meticulously examined the terms of the agreement and the submissions made by both parties. It concluded that the agreement was fair and reasonable and did not contravene any statutory provisions. The court was satisfied that the agreement provided adequate protections and was a necessary measure to ensure the continued efficient operation of the applicant's facilities. As such, the court approved the maintenance agreement, affirming its compliance with the necessary legal standards.

No additional orders were made beyond the approval of the maintenance agreement. The court's decision upheld the validity of the agreement, thereby allowing the applicant to proceed with its operations under the terms outlined in the Turosi Pty Ltd Queensland Maintenance Agreement 2021.

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