Berry Pays Pty Ltd

[2021] FWCA 6256

[2021] FWCA 6256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berry Pays Pty Ltd
(AG2021/7580)

BERRY PAYS PTY LIMITED ENTERPRISE BARGAINING AGREEMENT 2021

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 OCTOBER 2021

Application for approval of the Berry Pays Pty Limited Enterprise Bargaining Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Berry Pays Pty Limited Enterprise Bargaining Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Berry Pays Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer did not provide employees with 7 clear days’ notice of the voting method. I find, having regard to the submissions of the Employer, that this non-compliance with s.180(3) is a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error, and that that (notwithstanding this minor procedural or technical error) the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.

[3] The Employer has provided written undertakings dated 12 October 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Horticulture Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 13 October 2025.

DEPUTY PRESIDENT

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Annexure A