DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cherryhill Orchards Pty Ltd T/A Cherryhill Orchards
(AG2017/4545)

CHERRYHILL ORCHARDS ENTERPRISE AGREEMENT 2017

Gardening services
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2018

Application for approval of the Cherryhill Orchards Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cherryhill Orchards Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cherryhill Orchards Pty Ltd T/A Cherryhill Orchards. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 4 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Cherryhill Orchards Pty Ltd trading as Cherryhill Orchards, sought approval of the Cherryhill Orchards Enterprise Agreement 2017 under the Fair Work Act 2009. The dispute arose from the company's desire to finalise a new enterprise agreement with its employees, which would replace the existing one. The Fair Work Commission was the court tasked with examining the application and determining whether the proposed agreement met the necessary criteria for approval.

The primary legal issue was whether the proposed agreement satisfied the requirements set forth in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it had been genuinely negotiated. Additionally, the court had to determine whether the agreement contained all the mandatory terms required by the Act and whether it adhered to the provisions for employee representation and consultation.

The Fair Work Commission concluded that the proposed agreement met all the necessary criteria for approval. The court found that the agreement contained all the mandatory terms as stipulated by the Fair Work Act and had been genuinely negotiated between the parties. The terms and conditions were deemed fair and reasonable, and the agreement provided adequate provisions for employee representation and consultation. Consequently, the court granted approval of the Cherryhill Orchards Enterprise Agreement 2017. The approval ensures that the new agreement will be binding on the employees, providing them with updated terms and conditions for their employment.

Cherryhill Orchards Pty Ltd T/A Cherryhill Orchards

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established