DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AAAC (Vic) Pty Ltd as Trustee for AAAC (Vic) Family Trust
(AG2019/3476)

2019 AAAC (VIC) PTY LTD COLLECTIVE AGREEMENT

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2019

Application for approval of the 2019 AAAC (Vic) Pty Ltd Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2019 AAAC (Vic) Pty Ltd Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AAAC (Vic) Pty Ltd as Trustee for AAAC (Vic) Family Trust. 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. The undertakings are taken to be a term of 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 Notice of Representational Rights (Notice) provided with the Application appears to have been signed by an individual, which is additional content not otherwise prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The Agreement lodged contained an error at Schedule 1. On 15 October 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2019. The nominal expiry date of the Agreement is 24 October 2023.

DEPUTY PRESIDENT

Annexure A

1 [2018] FWCFB 245

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AAAC (Vic) Pty Ltd as Trustee for AAAC (Vic) Family Trust, sought approval of the 2019 AAAC (Vic) Pty Ltd Collective Agreement. The dispute arose from negotiations between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union, which represents the employees. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it was made in good faith and without coercion. The Commission examined the provisions of the agreement, focusing on aspects such as minimum wages, penalty rates, and leave entitlements. It was also necessary to assess whether the agreement provided a safety net for employees that was at least equal to the applicable award or registered agreement.

After careful consideration of the evidence and submissions, the Commission found that the agreement contained all the mandatory terms and was made in good faith. The agreement was deemed to provide a safety net for employees that met or exceeded the applicable award provisions. The Commission approved the agreement, noting the collaborative approach taken by both parties during the negotiation process.

The Commission ordered that the 2019 AAAC (Vic) Pty Ltd Collective Agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the relevant employees until the next scheduled review or until a new agreement is made.

AAAC (Vic) Pty Ltd as Trustee for AAAC (Vic) Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established