DECISION

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

Harvest Booval Pty Ltd atf The Harvest Markets Trust
(AG2015/5276)

HARVEST BOOVAL PTY LTD ATF THE HARVEST MARKETS TRUST ABN: 18 615 201 569 SINGLE ENTERPRISE AGREEMENT 2015

Retail industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 OCTOBER 2015

Application for approval of the Harvest Booval Pty Ltd ATF The Harvest Markets Trust ABN 18 615 201 569 Single Enterprise Agreement 2015

[1] An application has been made by Harvest Booval Pty Ltd atf The Harvest Markets Trust (the applicant) for the approval of an enterprise agreement known as the Harvest Booval Pty Ltd ATF The Harvest Markets Trust ABN 18 615 201 569 Single Enterprise Agreement 2015 (the Agreement).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act), and is a single enterprise agreement. The Agreement covers all the employees other than senior executives engaged by the applicant.

[3] Employment Advocacy Solutions acted as the applicant’s representative in the application of approval for the Agreement.

[4] With respect to the better off overall test (BOOT) under s.186 of the Act, the rates of pay provided under the Agreement are greater than the rates of pay provided under the
General Retail Industry Award 2010, being the relevant reference instrument for the purposes of the BOOT. Other terms and conditions under the Agreement are consistent with the Award and the National Employment Standards.

Conclusion

[5] Taking into account the higher rates of pay when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 6 November 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Harvest Booval Pty Ltd, acting on behalf of The Harvest Markets Trust, applied for the approval of their Single Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for workers employed under the proposed agreement. The Commission, presided over by Commissioner Ryan, was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in accordance with the provisions of the Act and whether it contained the minimum terms and conditions as required by the law. The applicant argued that the agreement was fairly and appropriately negotiated and met all the legal requirements for approval.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with proper representation of both parties. The substantive terms of the agreement were also found to comply with the minimum standards set out in the Fair Work Act, including provisions for minimum wages, leave entitlements, and other essential employment conditions. The Commission approved the agreement, acknowledging its fairness and compliance with legal standards.

The final orders of the Commission were that the Single Enterprise Agreement 2015 be approved and registered as required by section 178 of the Fair Work Act. This decision allows the terms and conditions set out in the agreement to be legally binding on the parties involved.

Harvest Booval Pty Ltd atf The Harvest Markets Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established