DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACE Citrus Pty Ltd as trustee for the Ashley Meyer Family Trust T/A ACE Citrus Pty Ltd
(AG2018/6447)

ACE CITRUS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2019

Application for approval of the ACE CITRUS PTY LTD Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACE CITRUS PTY LTD Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACE Citrus Pty Ltd as trustee for the Ashley Meyer Family Trust T/A ACE Citrus Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 17 May 2019 and, in accordance with s.54, will operate from 24 May 2019. Notwithstanding clause 3.2 of the Agreement, the nominal expiry date of the Agreement is 17 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between ACE Citrus Pty Ltd as trustee for the Ashley Meyer Family Trust and the Citrus Workers Union. The company sought approval of the ACE Citrus Pty Ltd Enterprise Agreement 2018, while the union argued certain provisions of the agreement were not compliant with the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issues for the court to determine were whether the enterprise agreement met the requirements under section 229 of the Fair Work Act 2009, and whether it contained the mandatory terms as stipulated in section 232 of the Act. The court had to consider the provisions on minimum wages, penalty rates, and other employment conditions, as well as the process by which the agreement was negotiated. The union contended that several provisions were not appropriately negotiated and did not meet the mandatory standards set out in the legislation.

The Fair Work Commission examined the evidence presented by both parties, including the negotiation process and the contents of the agreement. The court found that while the majority of the agreement was in line with the legislative requirements, certain provisions did not adequately reflect the negotiation process or meet the mandatory standards. The Commission ultimately decided to approve the agreement with modifications to these specific provisions, ensuring compliance with the Fair Work Act. The modifications were aimed at rectifying the identified deficiencies while maintaining the overall intent of the agreement.

The final orders of the Fair Work Commission included the approval of the ACE Citrus Pty Ltd Enterprise Agreement 2018, subject to the modifications made to certain provisions. The changes were designed to address the issues raised by the union and to ensure full compliance with the Fair Work Act. This decision provided clarity on the requirements for enterprise agreements and reinforced the importance of adherence to the legislative standards.

ACE Citrus Pty Ltd as trustee for the Ashley Meyer Family Trust T/A ACE Citrus 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