DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batlow Fruit Company Pty Ltd
(AG2019/98)

BATLOW FRUIT COMPANY PTY LTD COLLECTIVE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Batlow Fruit Company Pty Ltd Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Batlow Fruit Company Pty Ltd Collective 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 Batlow Fruit Company 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 19.2(d) and 21.2 are inconsistent with the National Employment Standards (NES). However, given clauses 19.1 and 21.1 provide that the NES apply to the accrual and taking of personal leave and annual leave, respectively, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Batlow Fruit Company Pty Ltd, sought approval for the Batlow Fruit Company Pty Ltd Collective Agreement 2019. The applicant is a fruit-packing business, and the respondents included various unions representing its employees. The dispute centred on whether the proposed agreement adequately met the legal requirements for a modern award and if it was consistent with the Fair Work Act 2009.

The central legal issues revolved around the compliance of the collective agreement with the statutory obligations under the Fair Work Act 2009. Key considerations included whether the agreement contained minimum entitlements, the fairness of its terms and conditions, and its alignment with the objectives of the Act to promote harmonious, productive, and cooperative workplace relationships. The court also examined if the agreement allowed for appropriate flexibility and adaptability in the workplace.

Upon review, the Fair Work Commission found that the Batlow Fruit Company Pty Ltd Collective Agreement 2019 was compliant with the statutory requirements. The agreement was deemed to cover all essential minimum entitlements and was considered fair in its terms and conditions. The Commission concluded that the agreement facilitated cooperative workplace relations and allowed for necessary flexibility within the business context. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Batlow Fruit Company Pty Ltd Collective Agreement 2019, effective from the date of the decision, with the condition that any disputes arising from the agreement be referred to the Fair Work Commission for resolution. This decision ensures that the agreement remains in force as a legally binding instrument governing the employment conditions of the parties involved.

Batlow Fruit Company 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