DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geoffrey Thompson and Growers Co-Operative Company Pty Ltd
(AG2021/5961)

GEOFFREY THOMPSON & GROWERS CO-OPERATIVE COMPANY & UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2021

Miscellaneous
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2021

Application for approval of the Geoffrey Thompson & Growers Co-Operative Company & United Workers’ Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Geoffrey Thompson & Growers Co-Operative Company & United Workers’ Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geoffrey Thompson and Growers Co-Operative Company Pty Ltd. 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] 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] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geoffrey Thompson and Growers Co-Operative Company Pty Ltd were parties in an application before the Fair Work Commission, seeking approval of the 2021 Enterprise Agreement. The United Workers’ Union was also involved, representing the employees. The dispute centred on whether the agreement met the necessary standards and criteria set out in the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement was not contrary to public interest and was fair and reasonable in terms of the benefits, terms, and conditions it provided to the employees.

The legal issues before the Commission were whether the agreement adhered to the requirements of the Fair Work Act, including provisions for minimum entitlements, procedural fairness, and the avoidance of undue hardship on any party. Additionally, the Commission needed to assess whether the agreement was made in good faith and if it complied with the principles of the National Employment Standards and the applicable awards.

The Commission found that the agreement was fair and reasonable, and it did not contravene any statutory provisions. The Commission took into account the negotiations process, the nature of the agreement's provisions, and the interests of both the employees and the employer. The agreement was deemed to provide for fair and reasonable terms and conditions, and it did not impose undue hardship on either party. The Commission also determined that the agreement was made in good faith and was not contrary to the public interest.

The Fair Work Commission approved the application, and the 2021 Enterprise Agreement was registered. The decision confirmed that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act.

Geoffrey Thompson and Growers Co-Operative Company 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