DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berry North Pty Ltd A.C.N 622 159 906 T/A Berry North
(AG2018/5781)

BERRY NORTH ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the BERRY NORTH ENTERPRISE AGREEMENT 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the BERRY NORTH ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berry North Pty Ltd A.C.N 622 159 906 T/A Berry North. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The case involves Berry North Pty Ltd, a company operating under the trading name Berry North, which sought approval for an enterprise agreement. The dispute was heard in the Fair Work Commission, the tribunal responsible for regulating and approving such agreements under Australian employment law. The applicant, Berry North, sought approval of the BERRY NORTH ENTERPRISE AGREEMENT 2018, which aimed to establish terms and conditions for its employees.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for "simplification and clarity," and if it was made in good faith and without coercion. This involved examining the negotiation process, the content of the agreement, and ensuring that it did not undermine the existing rights and protections of the employees.

The court reviewed the evidence presented regarding the negotiation process, finding that it was conducted in good faith and without any evidence of coercion. The content of the agreement was also scrutinised to ensure it adhered to the simplification and clarity requirements. After careful consideration, the court determined that the BERRY NORTH ENTERPRISE AGREEMENT 2018 met all necessary legal criteria. Consequently, the court approved the agreement, allowing it to come into effect as intended.

The final orders included the approval of the BERRY NORTH ENTERPRISE AGREEMENT 2018, subject to certain conditions and provisions that were deemed necessary to ensure compliance with the Fair Work Act 2009. These conditions were aimed at protecting the rights and interests of the employees, ensuring the agreement would operate fairly and effectively within the legal framework.

Berry North Pty Ltd A.C.N 622 159 906 T/A Berry North

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established