Glen Grove Orchard Pty Ltd

[2024] FWCA 2459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glen Grove Orchard Pty Ltd

(AG2024/2068)

GLEN GROVE ORCHARD PTY LTD ENTERPRISE AGREEMENT 2023

Agricultural industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JULY 2024

Application for approval of the Glen Grove Orchard Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Glen Grove Orchard Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Glen Grove Orchard Pty Ltd sought approval for their 2023 Enterprise Agreement, which was lodged for consideration under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval. The primary dispute arose from concerns regarding the terms of the agreement, specifically those related to employee entitlements and procedural fairness in the negotiation process.

The legal issues that the Fair Work Commission was required to address included whether the agreement was genuinely negotiated, whether it complied with the Fair Work Act's requirements, and if it provided for fair terms and conditions. The Commission also had to consider whether the agreement would provide for the proper balance of interests between the employer and the employees, particularly in terms of procedural fairness and the protection of employee rights.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement had been genuinely negotiated and was in compliance with the statutory provisions of the Fair Work Act. It was determined that the agreement provided for fair terms and conditions, including adequate employee entitlements and procedural fairness. Consequently, the Commission approved the Enterprise Agreement, recognising that it met the necessary standards and would provide for a fair and balanced outcome for both parties involved.

The Fair Work Commission ordered the approval of the Glen Grove Orchard Pty Ltd Enterprise Agreement 2023, as it was satisfied that the agreement was genuinely negotiated, complied with the Fair Work Act, and provided for fair terms and conditions. The Commission's decision ensures that the agreement will be in effect, offering a balanced approach to the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established