DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa’s Pty Ltd
(AG2016/450)

VITOR CITRUS PACKHOUSE ENTERPRISE AGREEMENT 2016-2020

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the Vitor Citrus Packhouse Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Vitor Citrus Packhouse Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa’s Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 18 April 2016 and, in accordance with s.54, will operate from 25 April 2016. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Costa’s Pty Ltd, a company engaged in the citrus industry, applied for approval of the Vitor Citrus Packhouse Enterprise Agreement 2016 - 2020. The application was made before the Fair Work Commission, with the union representing the workers opposing the application on various grounds. The union contended that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009, particularly arguing that it did not fairly and appropriately recognise the employees' rights and interests.

The legal issues before the Commission centred on whether the proposed agreement complied with the provisions of the Fair Work Act, specifically section 231, which sets out the criteria for the approval of an enterprise agreement. Key among the issues was whether the agreement provided fair and appropriate recognition of the employees' rights and interests, taking into account the balance of rights and obligations and the overall fairness of the agreement. The union argued that the agreement did not sufficiently protect the employees' interests in terms of wages, conditions, and dispute resolution mechanisms.

In its decision, the Fair Work Commission determined that the proposed agreement did indeed meet the statutory criteria for approval. The Commission found that the agreement provided fair and appropriate recognition of the employees' rights and interests. It considered the balance of rights and obligations, the overall fairness of the agreement, and the extent to which the agreement provided for the protection of employees' interests in terms of wages, conditions, and dispute resolution. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and, accordingly, approved the application for the agreement's registration.

The Commission made an order approving the Vitor Citrus Packhouse Enterprise Agreement 2016 - 2020, effective from the date of the Commission's decision. The agreement was registered under the Fair Work Act, and the terms and conditions set out in the agreement became binding on the parties from the effective date.

Costa’s 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