Application for approval of the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2025

[1] Turosi Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Turosi Pty Ltd Broadmeadows Enterprise Agreement 2025 (the Agreement).

[2] The Australasian Meat Industry Employees Union (AMIEU) 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 AMIEU.

[3] The Agreement title included on the Notice of Employee Representational Rights (NERR) is 'Turosi Broadmeadows Enterprise Agreement 2025' whereas clause 1 of the Agreement lists the title as the 'Turosi Broadmeadows Pty Ltd Enterprise Agreement 2025'. The NERR provided to employees also appears to be a historic version of the form that is inconsistent in s.174(1A)(c). I am satisfied that these are minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

[4] The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 41, relating to the right to casual conversion may not be as beneficial as the new NES casual conversion provisions effective February 2025; and

• Clause 30.2, relating to compassionate leave entitlements for stillbirth and miscarriage is not as beneficial as s.104(1)(b) and (c) of the Act.

[5] However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I raised a Better Off Overall Test (BOOT) concern that the Agreement does not provide rates of pay for trainees, despite trainees being referenced at clause 20. The Employer made submissions that it does not currently engage trainees, and does not intend to do so under this Agreement. In addition, the Employer submitted that should circumstances change and trainees are engaged in the future, the Employer will ensure compliance with the Meat Industry Award 2020 and maintain BOOT compliance. I accept that it is not reasonably foreseeable that trainees will be engaged by the Employer. Accordingly, I am not required to have regard to trainee rates of pay for the purpose of the BOOT pursuant to s.193A(6).

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2026. The nominal expiry date of the Agreement is 30 November 2028.

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