DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Archie’s Produce Pty Ltd
(AG2018/6636)

ARCHIE’S PRODUCE PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER YILMAZ	MELBOURNE, 9 APRIL 2019

Application for approval of the Archie’s Produce Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Archie’s Produce Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Archie’s Produce 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.

[3] 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2019. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Archie’s Produce Pty Ltd involved an application for the approval of the Enterprise Agreement 2019. The applicant, Archie’s Produce Pty Ltd, sought to have the agreement recognised and enforced under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for registration and if it appropriately balanced the interests of both employers and employees.

The primary legal issue before the court was whether the Enterprise Agreement 2019 adhered to the statutory prerequisites outlined in the Fair Work Act. These requirements included ensuring the agreement was in writing, provided for a fair and reasonable set of terms and conditions, and did not contravene any minimum entitlements set out in the Act. The court also needed to assess if the agreement was genuinely negotiated and if it had been fairly presented to the employees.

In delivering its decision, the court meticulously reviewed the terms of the agreement and the process through which it was negotiated. The court found that the agreement was in writing and included provisions that were fair and reasonable. It was also determined that the agreement did not undermine any statutory minimum entitlements and had been genuinely negotiated. The court was satisfied that the process of presenting the agreement to employees was fair, as evidenced by the high level of participation and the absence of objections. Consequently, the court approved the application for the agreement’s registration, finding it compliant with all legal requirements.

As a result of the court's approval, the Enterprise Agreement 2019 between Archie’s Produce Pty Ltd and its employees is now legally binding. This decision sets a precedent for the enforcement of enterprise agreements and provides clarity on the standards required for such agreements to be validly approved under the Fair Work Act.

Archie’s Produce 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