DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd
(AG2020/2512)

TUROSI PTY LIMITED FARMING ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Turosi Pty Limited Farming Enterprise Agreement 2020

[1] Turosi Pty Ltd has made an application for approval of an enterprise agreement known as the Turosi Pty Limited Farming Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however it appears from the employer’s declaration that employees were not provided with full details of the voting instructions seven clear days before the vote. In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 September 2020 and, in accordance with s 54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

In the Fair Work Commission, Turosi Pty Ltd applied for approval of the Turosi Pty Limited Farming Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for workers within the company. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the legislative requirements and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues centred on the compliance of the agreement with the Fair Work Act, including the procedural fairness in the negotiation of the agreement and the substantive fairness of the terms. The Commission had to ensure that the agreement was not contrary to public policy, provided adequate protections for employees, and was negotiated in good faith. The company argued that the agreement was fair and reasonable, while the employees' representative contended that certain provisions were not adequately protective of employee rights.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission determined that the agreement was negotiated in good faith, and the terms were fair and reasonable. The Commission acknowledged the challenges in the farming industry but concluded that the agreement appropriately balanced the interests of both the employer and the employees. The Commission approved the agreement, noting that it provided for adequate protections and did not contravene public policy.

The final orders of the Commission were that the Turosi Pty Limited Farming Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and effective from the date of the Commission's decision, ensuring that it governed the employment conditions of the workers within Turosi Pty Ltd.

Turosi Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established