DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turosi Pty Ltd T/A Turosi Pty Ltd
(AG2019/1996)

TUROSI PTY LTD GEELONG LIVE BIRD CATCHING COLLECTIVE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 29 JULY 2019

Application for approval of the Turosi Pty Ltd Geelong Live Bird Catching Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Turosi Pty Ltd Geelong Live Bird Catching Collective Agreement 2019 (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 T/A 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.

[3] Subject to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Turosi Pty Ltd trading as Turosi Pty Ltd, applied for the approval of the Turosi Pty Ltd Geelong Live Bird Catching Collective Agreement 2019. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application on several grounds, including that the agreement did not comply with various statutory requirements. The matter was heard by Commissioner Ryan who found in favour of the applicant.

The central issue before the Commission was whether the collective agreement met the statutory criteria for approval under the Fair Work Act 2009. This included whether the agreement was made in good faith, whether it was in writing, and whether it contained the necessary minimum terms and conditions. The respondent argued that the agreement did not meet these requirements due to various deficiencies, such as the absence of certain specified terms and the failure to comply with the requirements for employee representation.

The Commission held that the application for approval should be granted. The Commission found that the agreement was made in good faith and was in writing. While the agreement did not contain all the specified minimum terms, the Commission found that the omissions did not significantly detract from the overall effectiveness of the agreement in providing for the terms and conditions of employment. The Commission also found that the requirements for employee representation were satisfied, as the agreement was negotiated between the employer and a representative of the employees. The Commission concluded that the agreement was fair and appropriate for the purposes of the Act.

The Fair Work Commission approved the Turosi Pty Ltd Geelong Live Bird Catching Collective Agreement 2019, subject to certain modifications to ensure compliance with the Act. These modifications included the addition of specified minimum terms and conditions, as well as the inclusion of a provision for employee representation in the negotiation of future agreements. The respondent was ordered to pay the applicant's costs of the application.

Turosi Pty Ltd T/A Turosi Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established