AgriExchange Pty Ltd

[2020] FWCA 2247

[2020] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AgriExchange Pty Ltd
(AG2020/988)

VITOR CITRUS PACKHOUSE AGREEMENT 2020-2024

Agricultural industry
COMMISSIONER PLATT	ADELAIDE, 30 APRIL 2020

Application for approval of the Vitor Citrus Packhouse Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Vitor Citrus Packhouse Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by AgriExchange Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 April 2020.

[3] On 20 April 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant submitted a form F17 Statutory Declaration which did not have the signature properly witnessed. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), and the Statement issued by the Fair Work Commission on 31 March 2020 relating to the COVID-19 response, I consider it appropriate to dispense with the Rules and accept the signed declaration.

[5] The Applicant has submitted an undertaking in the required form dated 28 April 2020. The undertaking deals with the following topics:

•  Clauses 25.4 and 25.10(d) of the Agreement will not have effect.

•  The rates of pay in Schedule A will apply from the commencement of the Agreement.

•  A trainee under clause 14.3(b) of the Agreement will be paid the minimum applicable rate under the Horticulture Award 2010 plus $0.25 per hour.

•  The reference in Schedule C clause 4.1 of the Agreement to ‘relevant minimum wage’ is a reference to the rates in Schedule A of the Agreement.

•  The minimum payment under Schedule C clause 4.2 of the Agreement will be $100 per week.

•  If a level 6 employee is required to act as a Leading Hand for 7 or more employees, they will be paid $22.14, for 11-20 employees $22.44 and for more than 20 employees $22.70.

•  Further to clause 24.1(a), an employee can elect at the commencement of their shift to take a meal break 5 hours after the commencement of work.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[10] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 January 2024.

COMMISSIONER

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