DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Batlow Fruit Co-Operative Limited
(AG2014/10363)

BATLOW FRUIT CO-OPERATIVE COLLECTIVE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 JANUARY 2015

Application for approval of the Batlow Fruit Co-operative Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Batlow Fruit Co-operative Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 20 January 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the applicant, Batlow Fruit Co-Operative Limited, applied to the Fair Work Commission for approval of the Batlow Fruit Co-operative Collective Agreement 2015. The dispute centred on whether the proposed agreement complied with the statutory requirements and whether it met the conditions necessary for approval under the Fair Work Act. The applicant sought to have the agreement registered to govern the terms and conditions of employment for its workers.

The primary legal issue before the Commission was whether the collective agreement adhered to the requirements set forth in the Fair Work Act, particularly sections concerning the content, fairness, and public interest considerations. The Commission had to determine if the agreement was made in good faith, whether it was fair and reasonable, and if its registration would be in the public interest. Additionally, the Commission needed to examine if the agreement provided for adequate dispute resolution mechanisms and if it complied with the procedural fairness standards.

The Commission examined the content of the agreement, finding that it contained provisions that were fair and reasonable in the context of the particular industry and the bargaining parties involved. The Commission concluded that the agreement was made in good faith, considering the economic and operational realities faced by the applicant and its employees. Furthermore, the Commission found that the agreement's registration would not be contrary to the public interest, as it provided for appropriate dispute resolution mechanisms and adhered to the procedural fairness requirements. Based on these findings, the Commission approved the Batlow Fruit Co-operative Collective Agreement 2015.

The Fair Work Commission approved the Batlow Fruit Co-operative Collective Agreement 2015, subject to the terms and conditions outlined in the approval order. The Commission's decision was based on its determination that the agreement met the statutory requirements and was fair and reasonable. The applicant's application for approval of the agreement was thus successful.

Batlow Fruit Co-Operative Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established