DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fieldtime Holdings Pty Ltd T/A Farmer Jacks
(AG2017/1344)

FJ OCEAN REEF ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2017

Application for approval of the FJ Ocean Reef Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FJ Ocean Reef 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 Fieldtime Holdings Pty Ltd T/A Farmer Jacks. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 6 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Fieldtime Holdings Pty Ltd, trading as Farmer Jacks, to the Fair Work Commission (FWC) for the approval of the FJ Ocean Reef Enterprise Agreement 2017. The application was brought before the FWC, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval as a single interest employer enterprise agreement, including the necessity for the agreement to be in writing, provide for the terms and conditions of employment, and satisfy certain procedural and substantive requirements.

The legal issues for the FWC to determine included whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act. Specifically, the FWC had to consider if the agreement was made without undue influence, coercion, or discrimination, and if it provided fair and reasonable terms and conditions of employment. Additionally, the FWC assessed if the agreement met the procedural requirements, such as proper notice to employees and the availability of independent advice to employees.

In its decision, the FWC concluded that the FJ Ocean Reef Enterprise Agreement 2017 was appropriately negotiated and met all the necessary requirements for approval. The FWC found that the agreement was made without undue influence, coercion, or discrimination, and it provided fair and reasonable terms and conditions of employment. The FWC also determined that the procedural requirements were satisfied, including the provision of independent advice to employees and proper notice of the agreement. Consequently, the FWC approved the agreement, allowing it to come into effect as a legally binding contract between the employer and the employees.

The FWC ordered that the FJ Ocean Reef Enterprise Agreement 2017 be approved and registered, effective from the date of the decision. The agreement was to apply to the employees covered by it, providing the terms and conditions of employment as outlined in the approved agreement. The decision confirmed the validity of the agreement and its applicability to the relevant workforce, ensuring compliance with the statutory requirements under the Fair Work Act.

Fieldtime Holdings Pty Ltd T/A Farmer Jacks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established