DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJS Nash & AM Sciandra (Nash) T/A Nashy's Produce
(AG2018/5223)

NASHY'S PRODUCE ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Nashy's Produce Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Nashy’s Produce 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 AJS Nash & AM Sciandra (Nash) T/A Nashy’s Produce. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

In the matter of an application for the approval of the Nashy's Produce Enterprise Agreement 2018, the applicant, AJS Nash and AM Sciandra trading as Nashy's Produce, sought approval from the Fair Work Commission. The dispute arose from the negotiation and proposed terms of the enterprise agreement, which was intended to govern the employment conditions of workers within the produce industry. The applicant's application was met with opposition from the respondents who raised concerns about the proposed terms and their compliance with relevant legislative requirements.

The primary legal issues before the court involved whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. This included assessing the agreement for compliance with procedural fairness, the provision of fair and reasonable terms, and ensuring the agreement did not undermine the safety net of minimum wages and conditions. The court was required to determine whether the agreement was made in good faith and whether it met the criteria for fair and reasonable terms as outlined in the Act.

The Fair Work Commission, in reviewing the application, examined the procedural fairness of the bargaining process, the reasonableness of the terms, and the overall fairness of the agreement. The Commission noted the comprehensive nature of the agreement and the efforts made by the applicant to ensure that the terms were fair and reasonable. The court concluded that the applicant had met the requirements for approval, finding that the agreement was made in good faith and that it contained terms that were fair and reasonable. The court further found that the agreement did not undermine the safety net of minimum wages and conditions.

Accordingly, the Fair Work Commission approved the Nashy's Produce Enterprise Agreement 2018. The approved agreement is now in effect, governing the employment conditions of workers within the produce industry as per the terms negotiated and agreed upon by the parties.

AJS Nash & AM Sciandra (Nash) T/A Nashy's Produce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established