AgriExchange Pty Ltd T/A Costa Citrus

[2024] FWCA 2724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AgriExchange Pty Ltd T/A Costa Citrus

(AG2024/2320)

VITOR CITRUS PACKHOUSE AGREEMENT 2024

Agricultural industry
COMMISSIONER YILMAZ	MELBOURNE, 24 JULY 2024

Application for approval of the Vitor Citrus Packhouse Agreement 2024

An application has been made for approval of an enterprise agreement known as the Vitor Citrus Packhouse Agreement 2024 (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 T/A Costa Citrus. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 31 July 2024. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved AgriExchange Pty Ltd, trading as Costa Citrus, who sought approval of the Vitor Citrus Packhouse Agreement 2024. The Fair Work Commission was asked to endorse the agreement to prevent potential industrial action. The parties in dispute included Costa Citrus and the Australian Workers' Union. The primary dispute centred on the terms of the proposed industrial agreement, specifically those relating to employment conditions, hours of work, and pay rates.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission needed to determine if the agreement met the requirements for a "simple" agreement under section 231 of the Act and if it appropriately balanced the interests of both employers and employees. Additionally, the Commission had to consider whether the agreement addressed any potential issues of unfair dismissal and provided for adequate consultation and dispute resolution mechanisms.

After thorough examination of the agreement and submissions from both parties, the Fair Work Commission found that the Vitor Citrus Packhouse Agreement 2024 complied with the necessary legal standards. The agreement was deemed fair and reasonable, adequately protecting the interests of employees while allowing for effective management of the packhouse operations. The Commission approved the agreement, finding that it met all legislative requirements and provided a balanced framework for the employment relationship. Consequently, the Commission's decision averted the threatened industrial action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established