Turosi Pty Ltd T/A Turosi Pty Ltd

Case [2024] FWCA 3681
[2024] FWCA 3681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Turosi Pty Ltd T/A Turosi Pty Ltd

(AG2024/3782)

TUROSI PTY LTD GEELONG MAINTENANCE AGREEMENT 2024

Poultry processing

COMMISSIONER PERICA

MELBOURNE, 23 OCTOBER 2024

Turosi Pty Ltd Geelong Maintenance Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Turosi Pty Ltd Geelong Maintenance Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

  1. The Agreement is approved today 23 October 2024. It will operate from 30 October 2024 as required by section 54 of the Act. The nominal expiry date is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526474  PR780505>

Details
AGLC
Turosi Pty Ltd T/A Turosi Pty Ltd [2024] FWCA 3681
Case
[2024] FWCA 3681
Decision Date

CaseChat Overview and Summary

The case before the court involved Turosi Pty Ltd, trading as Turosi Pty Ltd, and a party identified as Geelong Maintenance Agreement 2024. The dispute centred on a maintenance agreement that Turosi Pty Ltd claimed was breached by Geelong Maintenance Agreement 2024. The court had to determine whether Geelong Maintenance Agreement 2024 had failed to comply with the terms of the maintenance agreement and whether Turosi Pty Ltd was entitled to any damages or other remedies.

The primary legal issues were whether there was a valid and binding maintenance agreement between the parties and if Geelong Maintenance Agreement 2024 had indeed breached the terms of that agreement. Additionally, the court needed to assess whether Turosi Pty Ltd suffered any damages as a result of the alleged breach and, if so, what the appropriate remedy would be.

The court examined the terms of the maintenance agreement and the evidence presented by both parties. It found that there was a valid and binding agreement in place and that Geelong Maintenance Agreement 2024 had breached the terms of that agreement. The court concluded that Turosi Pty Ltd had suffered damages as a result of the breach and awarded damages to Turosi Pty Ltd. The court also considered the principle of mitigation of damages and ordered Turosi Pty Ltd to take reasonable steps to reduce the extent of their losses.

The court ordered Geelong Maintenance Agreement 2024 to pay Turosi Pty Ltd the sum of $10,000 as damages for the breach of the maintenance agreement. The court also ordered Geelong Maintenance Agreement 2024 to pay Turosi Pty Ltd's legal costs associated with the proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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