DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AgriExchange Pty Ltd
(AG2021/4031)

VITOR CITRUS HARVEST ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 22 MARCH 2021

Application for approval of the Vitor Citrus Harvest Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vitor Citrus Harvest Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AgriExchange 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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2021. The nominal expiry date of the Agreement is 22 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AgriExchange Pty Ltd, the applicant, sought approval of the Vitor Citrus Harvest Enterprise Agreement 2021 under the Fair Work Act 2009. The agreement was between the applicant, as an employer, and its employees who are members of the National Farmers’ Federation Queensland Branch, Harvest Employed Workers Division. The matter was heard in the Fair Work Commission by Deputy President E.G. Edwards.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. The court had to consider whether the agreement contained all the mandated terms and conditions, if it provided adequate protection for employees' rights, and if the agreement had been fairly negotiated. The court also had to determine if the agreement would provide a safety net for employees, and if it would operate efficiently and fairly.

Deputy President E.G. Edwards found that the agreement met all the statutory requirements and was in the best interests of the employees. The court noted that the agreement contained all the mandated terms and conditions, and provided adequate protection for employees' rights. The Deputy President also found that the agreement had been fairly negotiated, and that it would provide a safety net for employees. The agreement was approved under section 234 of the Fair Work Act 2009, and will now operate as a registered enterprise agreement.

The court made no additional orders beyond approving the agreement. The Deputy President found that the agreement was fair and appropriate in all respects, and that it would operate efficiently and fairly. The agreement will now be registered and will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

AgriExchange 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