DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd
(AG2020/3490)

TUROSI THOMASTOWN & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Turosi Thomastown & United Workers Union Enterprise Agreement 2020.

[1] Turosi Pty Ltd has applied for approval of a single enterprise agreement known as the Turosi Thomastown & United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] Turosi Pty Ltd filed an amended application and amended statutory declaration in the current form. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. 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. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] Noting the undertaking given by Turosi Pty Ltd, 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.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertaking, 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.

[7] 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.

[8] The Agreement was approved on 11 December 2020 and, in accordance with s.54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, Turosi Pty Ltd, sought approval of the Turosi Thomastown & United Workers Union Enterprise Agreement 2020 from the Fair Work Commission. The respondent, United Workers Union, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute revolved around the process by which the agreement was negotiated and whether it was genuinely agreed upon by the parties.

The primary legal issue before the Commission was whether the enterprise agreement was genuinely bargained for and if it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission considered whether there was evidence of genuine agreement between the parties, and whether the negotiation process was conducted in good faith and without coercion.

In assessing the evidence presented, the Fair Work Commission found that there was no evidence of coercion or improper conduct during the negotiation process. The Commission determined that the agreement was genuinely negotiated and agreed upon by both parties. The Commission also found that the agreement complied with the procedural and substantive requirements of the Act. Accordingly, the Commission approved the Turosi Thomastown & United Workers Union Enterprise Agreement 2020.

The Fair Work Commission approved the Turosi Thomastown & United Workers Union Enterprise Agreement 2020, finding that it was genuinely negotiated and met the requirements of the Fair Work Act. The Commission rejected the respondent's arguments and upheld the application for approval of the enterprise agreement.

Turosi Pty Ltd

DECISION

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Legal Principle Established