DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EP Strawberries Pty Ltd ATF Granite Sweet Berries Unit Trust
(AG2019/178)

EP STRAWBERRIES PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 20 MAY 2019

Application for approval of the EP Strawberries Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the EP Strawberries Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EP Strawberries Pty Ltd ATF Granite Sweet Berries Unit Trust. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EP Strawberries Pty Ltd, the applicant, sought approval for the EP Strawberries Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. The respondent, Harvest Group, opposed the approval on various grounds. The primary dispute centred on the terms and conditions outlined in the proposed agreement, which the respondent argued were unfair and not in line with industry standards.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the terms were fair and reasonable. Specifically, the court had to consider whether the proposed agreement provided for fair and reasonable terms, taking into account the need for a fair and efficient workplace, and whether it complied with the relevant provisions of the Act.

The court examined the submissions from both parties and considered the provisions of the Fair Work Act 2009. It found that the proposed agreement met the criteria for approval. The terms were fair and reasonable, taking into account the need for a fair and efficient workplace, and were in line with industry standards. The court also noted that the agreement provided for adequate consultation and included provisions for employee representation. Therefore, the court approved the EP Strawberries Pty Ltd Enterprise Agreement 2019.

The court's final order was that the EP Strawberries Pty Ltd Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to be in effect from the date of the approval, subject to the terms and conditions outlined in the agreement.

EP Strawberries Pty Ltd ATF Granite Sweet Berries Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established