DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh
(AG2018/7055)

AUSFARM FRESH PEOPLE PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MARCH 2019

Application for approval of the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 27 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Ausfarm Fresh People Pty Ltd, trading as Ausfarm Fresh, and its employees, represented by the Australian Manufacturing Workers Union. The matter was before the Fair Work Commission, which was asked to approve the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018. The primary dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions for the employees.

The legal issues at hand required the Commission to determine if the agreement fairly and reasonably dealt with employees' wages and other conditions of employment, and whether it complied with the good faith bargaining provisions of the Act. Additionally, the Commission needed to assess if the agreement included all necessary provisions required by law, and if the process of reaching the agreement was in accordance with the provisions of the Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was the product of good faith bargaining. It included all the necessary provisions required by law and was reached in compliance with the Act. The Commission also determined that the agreement was beneficial to the employees, providing them with a range of protections and benefits. As such, the Fair Work Commission approved the Ausfarm Fresh People Pty Ltd Enterprise Agreement 2018.

Ausfarm Fresh People Pty Ltd T/A Ausfarm Fresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established