DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd T/A Golden Farms
(AG2018/6660)

TUROSI PTY LTD TRADING AS GOLDEN FARMS GEELONG MAINTENANCE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the Turosi Pty Ltd trading as Golden Farms Geelong Maintenance Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Turosi Pty Ltd trading as Golden Farms Geelong Maintenance Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Turosi Pty Ltd T/A Golden Farms.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Turosi Pty Ltd T/A Golden Farms, the applicant sought approval for the Geelong Maintenance Agreement 2018. The matter was heard in the Supreme Court of Victoria. The primary dispute concerned the terms and conditions outlined in the maintenance agreement and whether they were fair and reasonable for the parties involved.

The court was tasked with determining whether the agreement was consistent with statutory requirements under the Residential Tenancies Act 1995 (Vic). This involved examining whether the agreement provided sufficient rights and obligations to both the landlord and the tenant. The court needed to decide if the terms of the maintenance agreement were transparent, fair, and reasonable, particularly in relation to the maintenance of common property and facilities.

After a thorough examination of the agreement, the court found that the terms were fair and reasonable. The agreement provided clear and equitable provisions for the maintenance and upkeep of the common areas and facilities. The court concluded that the agreement complied with the statutory requirements and was in the best interests of both parties. As a result, the court approved the maintenance agreement. The final order was that the Geelong Maintenance Agreement 2018 be approved and recognised as binding between the parties.

Turosi Pty Ltd T/A Golden Farms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established