DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geoffrey Thompson & Growers Cooperative Company Co Pty Ltd
(AG2018/7064)

GEOFFREY THOMPSON & GROWERS CO-OPERATIVE COMPANY & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER BISSETT	MELBOURNE, 9 MAY 2019

Application for approval of the Geoffrey Thompson & Growers Co-Operative Company & National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Geoffrey Thompson & Growers Co-Operative Company & National Union of Workers 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 Geoffrey Thompson & Growers Cooperative Company Co 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The National Union of Workers 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 16 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Geoffrey Thompson and Growers Cooperative Company Co Pty Ltd, with the National Union of Workers Enterprise Agreement 2018 at the centre of their dispute. The matter was heard in the Fair Work Commission, where the applicants sought approval of the proposed enterprise agreement. The union and the company had reached an agreement that they now wished to formalise and have recognised under the Fair Work Act 2009. The union argued that the agreement would provide for better wages and conditions for the workers, while the company contended that the proposed terms were necessary to ensure the business's ongoing viability.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 for approval. The Commission had to consider whether the agreement contained terms that were not in the best interests of the employees, whether it was made in good faith, and if it was procedurally sound. Another point of contention was whether the agreement sufficiently covered the necessary safety nets for employees, such as minimum wages and conditions, and if it provided for fair dispute resolution mechanisms.

In reaching its decision, the Commission carefully examined the contents of the proposed agreement. It found that the agreement was made in good faith, as there was evidence of genuine bargaining between the parties. The Commission also determined that the agreement did not contain any terms that were against the best interests of the employees and that it provided for adequate safety net provisions. Furthermore, the Commission was satisfied that the dispute resolution procedures outlined in the agreement were fair and accessible. Based on these findings, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the Geoffrey Thompson & Growers Co-Operative Company & National Union of Workers Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment set out in the agreement are legally binding on the parties and will govern their industrial relations moving forward.

Geoffrey Thompson & Growers Cooperative Company Co 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