DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boosey Fruit Pty Ltd
(AG2019/3473)

2019 BOOSEY FRUIT PTY LTD COLLECTIVE AGREEMENT

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the 2019 Boosey Fruit Pty Ltd Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boosey Fruit 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. The undertakings are taken to be a term of 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] The Agreement lodged contained an error at Schedule 1. On 15 October 2019, the Applicant filed a request to have the Agreement corrected and provided a revised Schedule 1 pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Boosey Fruit Pty Ltd, the Fair Work Commission was called upon to consider the approval of the 2019 Boosey Fruit Pty Ltd Collective Agreement. The applicant, Boosey Fruit Pty Ltd, sought the approval of the agreement which was negotiated with a certified union, the relevant union. The dispute involved various terms and conditions of employment, including wages, working hours, and other employment-related matters. The union argued that the agreement was fair and met the requirements of the Fair Work Act 2009, while opposing parties raised concerns about specific provisions within the agreement.

The primary legal issue for the Commission was whether the 2019 Boosey Fruit Pty Ltd Collective Agreement was a "better off overall test" (BOOT) agreement. This test requires that the overall financial and non-financial conditions of employees covered by the agreement be no worse off than if the agreement did not exist. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including whether the agreement was made in good faith and whether it met the procedural requirements for certification.

In reaching its decision, the Commission examined the evidence and submissions provided by both the applicant and the opposing parties. The Commission found that the overall financial and non-financial conditions of employees under the agreement were no worse off than if the agreement did not exist, satisfying the BOOT. The Commission further determined that the agreement was made in good faith and complied with all procedural requirements. Based on these findings, the Commission approved the 2019 Boosey Fruit Pty Ltd Collective Agreement.

The Fair Work Commission approved the 2019 Boosey Fruit Pty Ltd Collective Agreement, finding it to be a BOOT agreement, made in good faith, and in compliance with the Fair Work Act. The decision stands as a binding determination under the Act, affirming the agreement as a valid and enforceable collective bargaining instrument between the parties.

Boosey Fruit 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