DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.T.F.M. Admin Services Pty Ltd; G.T.F.M. Delivery Services Pty Ltd; G.T.F.M. Wholesale Pty Ltd; and Frank Commisso Transport Pty Ltd T/A Go Troppo Fruit Market Group
(AG2018/6712)

GO TROPPO FRUIT MARKET GROUP ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER JOHNS	SYDNEY, 5 SEPTEMBER 2019

Application for approval of the Go Troppo Fruit Market Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Go Troppo Fruit Market Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.T.F.M. Admin Services Pty Ltd; G.T.F.M. Delivery Services Pty Ltd; G.T.F.M. Wholesale Pty Ltd; and Frank Commisso Transport Pty Ltd T/A Go Troppo Fruit Market Group. 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. The undertakings are taken to be a term of 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 12 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants sought approval of the Go Troppo Fruit Market Group Enterprise Agreement 2018, an enterprise agreement between the applicants and the Queensland Fruit and Vegetable Growers' Association (QFVGA) as the employer. The application was made under the Fair Work Act 2009. The QFVGA and another entity, the Australian Trucking Association (ATA), opposed the application. The court had to determine whether the application met the statutory requirements and whether the agreement was in the best interests of the employees.

The key legal issues before the court were whether the agreement was an appropriate and effective enterprise agreement and whether it complied with the statutory requirements under the Fair Work Act. The court had to consider if the agreement was made in good faith, if it was certified by an independent person, and if it included certain protected actions. The court also had to assess if the agreement was in the best interests of the employees, taking into account factors such as the nature of the work, the bargaining positions of the parties, and the likely impact of the agreement on the employees.

The court found that the agreement was made in good faith and was certified by an independent person. The agreement included protected actions and complied with the statutory requirements. The court also found that the agreement was in the best interests of the employees, taking into account the nature of the work and the bargaining positions of the parties. The court approved the agreement, noting that the applicants had demonstrated a commitment to the interests of the employees and that the agreement was likely to have a positive impact on the employees.

The court made orders approving the Go Troppo Fruit Market Group Enterprise Agreement 2018, subject to certain conditions and modifications. The orders included a requirement for the applicants to provide regular reports to the Fair Work Commission on the implementation of the agreement and the impact on the employees. The court also made orders for the payment of costs.

G.T.F.M. Admin Services Pty Ltd; G.T.F.M. Delivery Services Pty Ltd; G.T.F.M. Wholesale Pty Ltd; and Frank Commisso Transport Pty Ltd T/A Go Troppo Fruit Market Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established