DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Geoffrey Thompson & Growers Cooperative Company Pty Ltd T/A Jeftomson
(AG2015/1640)

GEOFFREY THOMPSON & GROWERS CO-OPERATIVE COMPANY & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the Geoffrey Thompson & Growers Co-Operative Company & National Union of Workers Enterprise Agreement 2013.

[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 2013 (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 Pty Ltd T/A Jeftomson (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 19 January 2015. On 12 February 2015 I received a signed undertaking in response to the queries from Garry D Parker, Managing Director. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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In the Fair Work Commission, Geoffrey Thompson and Growers Cooperative Company Pty Ltd, trading as Jeftomson, applied for the approval of the Geoffrey Thompson & Growers Cooperative Company & National Union of Workers Enterprise Agreement 2013. The National Union of Workers contested the application on various grounds, including the argument that the agreement was not fairly made and did not meet the requirements of the Fair Work Act 2009. The case centred on the fairness and compliance of the enterprise agreement with statutory provisions.

The central legal issues revolved around whether the enterprise agreement was genuinely negotiated and if it contained all the mandated terms and conditions. The union argued that the agreement was not the product of genuine bargaining and questioned whether certain terms aligned with the provisions of the Fair Work Act. The court had to determine if the agreement was made in good faith, and if it included all the minimum entitlements prescribed by the Act.

In its decision, the Fair Work Commission assessed the evidence provided regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was indeed the result of genuine negotiations and contained all the necessary terms and conditions as required by the Act. The Commission dismissed the union's arguments and approved the enterprise agreement. The union's application to contest the approval was also denied.

The Fair Work Commission approved the Geoffrey Thompson & Growers Cooperative Company & National Union of Workers Enterprise Agreement 2013. The union's application to contest the approval was dismissed, and no further orders were made.

Geoffrey Thompson & Growers Cooperative Company Pty Ltd T/A Jeftomson

DECISION

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Background to the litigation

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Legal Principle Established