DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Braeview Pty Ltd T/A Core Fresh Farms
(AG2018/6943)

CORE FRESH FARMS ENTERPRISE AGREEMENT 2019

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MAY 2019

Application for approval of the Core Fresh Farms Enterprise Agreement 2019.

[1] Braeview Pty Ltd t/a Core Fresh Farms has made an application for approval of an enterprise agreement known as the Core Fresh Farms Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 May 2019 and, in accordance with s 54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Braeview Pty Ltd T/A Core Fresh Farms applied for the approval of the Core Fresh Farms Enterprise Agreement 2019, which had been negotiated and agreed upon with the relevant unions. The application was heard by the Fair Work Commission, with the unions opposing the application. The unions argued that the agreement did not comply with certain provisions of the Fair Work Act 2009, particularly those relating to minimum rates of pay, penalty rates, and the definition of ordinary hours of work.

The key legal issues before the commission were whether the agreement met the requirements of the Fair Work Act, particularly with respect to the minimum standards for wages and hours, and whether it was consistent with the principles of the industrial relations system. The commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the broader objectives of the Fair Work Act.

The commission found that the agreement did not fully comply with the Fair Work Act. Specifically, the commission noted that the proposed penalty rates and the definition of ordinary hours of work were not consistent with the minimum standards set out in the relevant awards. However, the commission also acknowledged the parties' efforts to reach an agreement and the potential benefits of the agreement for both the employer and the employees. Ultimately, the commission approved the agreement with modifications to ensure compliance with the Fair Work Act, including adjustments to the penalty rates and the definition of ordinary hours of work.

The commission's final orders included the approval of the Core Fresh Farms Enterprise Agreement 2019, subject to the modifications made to address the non-compliance issues. The unions' application was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

Braeview Pty Ltd T/A Core Fresh Farms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established