DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AgriExchange Pty Ltd T/A Vitor
(AG2017/1895)

VITOR CITRUS HARVEST ENTERPRISE AGREEMENT 2017 - 2020

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 22 JUNE 2017

Application for approval of the Vitor Citrus Harvest Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vitor Citrus Harvest Enterprise Agreement 2017 - 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 T/A Vitor. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 June 2017. The nominal expiry date of the Agreement is 21 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

AgriExchange Pty Ltd, trading as Vitor, applied for approval of the Vitor Citrus Harvest Enterprise Agreement 2017-2021, which was made with a number of its employees. The application was heard in the Fair Work Commission, where the central issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal questions the Commission had to address included whether the agreement was made in good faith and if it provided for the proper classification of employees. The Commission examined the bargaining processes and the content of the agreement to ensure it complied with the legislative standards. The Court found that the agreement was made in good faith and that the employees were properly classified. It also determined that the agreement met the procedural requirements and contained provisions that were consistent with the Fair Work Act. The Commission approved the agreement, finding it to be fair and reasonable. This decision ensured that the employees covered by the agreement would benefit from the terms negotiated between their employer and the union.

AgriExchange Pty Ltd T/A Vitor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established