DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausfresh Pty Ltd
(AG2019/1675)

AUSFRESH PTY LIMITED ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2019

Application for approval of the Ausfresh Pty Limited Enterprise Agreement 2019

[1] Ausfresh Pty Ltd has made an application for approval of an enterprise agreement known as the Ausfresh Pty Limited Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[6] The Agreement was approved on 4 July 2019 and, in accordance with s 54, will operate from 11 July 2019. The nominal expiry date of the Agreement is 4 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Ausfresh Pty Limited Enterprise Agreement 2019. The applicant, Ausfresh Pty Ltd, sought to have the agreement approved, which had been negotiated with the Horticultural Union of Australia. The dispute centred on the provisions within the agreement, which aimed to regulate the terms and conditions of employment for the workers of Ausfresh Pty Ltd. The Horticultural Union of Australia argued that the agreement did not adequately protect the workers' rights and interests, particularly in relation to casual employment, pay rates, and working conditions.

The legal issues before the court required consideration of whether the agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for "simplification, clarity, and fairness" as outlined in the legislation. The court also had to examine whether the agreement provided for procedural fairness in its negotiation process and if it allowed for proper representation of the employees. Additionally, the court needed to ensure that the agreement did not disadvantage employees in relation to their pay, benefits, or working conditions when compared to the relevant awards.

The Fair Work Commission found that the agreement did not meet the necessary standards for approval. The court highlighted several areas of concern, including the lack of adequate provisions for casual employees, insufficient protections for overtime and penalty rates, and the absence of clear procedures for resolving disputes. The court concluded that the agreement failed to provide the necessary protections and procedural fairness required by the Fair Work Act 2009. As a result, the application for approval of the Ausfresh Pty Limited Enterprise Agreement 2019 was dismissed. The court's decision ensured that the workers' rights and interests were adequately safeguarded in accordance with the legislation.

Ausfresh 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