Grove Fruit Juice Pty Ltd T/A Grove Fruit Juice Summary

[2021] FWCA 6311

FAIR WORK COMMISSION

DECISION

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

Grove Fruit Juice Pty Ltd T/A Grove Fruit Juice
(AG2021/7434)

GROVE FRUIT JUICE PTY LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 OCTOBER 2021

Application for approval of the Grove Fruit Juice Pty Ltd Enterprise Agreement 2021

[1] Grove Fruit Juice Pty Ltd T/A Grove Fruit Juice has made an application for the approval of an enterprise agreement known as the Grove Fruit Juice Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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] The United Workers’ Union (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 15 October 2021 and, in accordance with s 54, will operate from 22 October 2021. The nominal expiry date of the Agreement is 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Grove Fruit Juice Pty Ltd T/A Grove Fruit Juice applied for the approval of the Grove Fruit Juice Pty Ltd Enterprise Agreement 2021. The agreement sought to govern the employment terms and conditions of the company's employees. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural requirements for enterprise agreements under the Act, and whether the agreement included all the mandatory terms specified in the Fair Work Act. The Commission also considered whether the agreement had been negotiated in good faith and whether it provided for a fair and efficient workplace.

The Fair Work Commission found that the Grove Fruit Juice Pty Ltd Enterprise Agreement 2021 complied with the necessary procedural requirements and contained all the mandatory terms as prescribed by the Fair Work Act. The Commission determined that the agreement had been negotiated in good faith and provided for a fair and efficient workplace. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Grove Fruit Juice Pty Ltd Enterprise Agreement 2021, effective from 1 April 2021, subject to the provisions of the Fair Work Act. The agreement was to remain in force until 31 March 2026, unless terminated earlier in accordance with its provisions.

Grove Fruit Juice Pty Ltd T/A Grove Fruit Juice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established