Harvest Freshcuts Pty Ltd Summary

[2014] FWCA 402

FAIR WORK COMMISSION

DECISION

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

Harvest Freshcuts Pty Ltd
(AG2014/41)

HARVEST FRESHCUTS PTY LTD (WA) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JANUARY 2014

Application for approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harvest Freshcuts Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 January 2014. The nominal expiry date of the Agreement is 15 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Harvest Freshcuts Pty Ltd, an employer, and the Harvest Freshcuts Employees Union, representing employees, before the Fair Work Commission. The matter concerned the approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2014. The central issue was whether the agreement met the legal criteria for approval under the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement and whether it contained lawful content. The commission needed to determine if the agreement provided fair and reasonable terms for the employees, ensuring that it was not detrimental to the workforce and that it complied with statutory requirements.

The Fair Work Commission examined the terms and conditions outlined in the agreement to ascertain if they provided a fair balance of benefits and obligations. The court focused on whether the agreement was genuinely negotiated and if it covered the mandated minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the commission assessed the procedural fairness of the negotiation process, ensuring that the union had adequately represented the employees' interests. The commission also evaluated whether the agreement contained any unlawful provisions, such as those that might contravene minimum wage rates or other statutory entitlements.

Upon thorough review, the Fair Work Commission found that the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2014 met the necessary criteria for approval. The commission determined that the agreement was genuinely negotiated and provided fair and reasonable terms for the employees. It concluded that the agreement passed the "better off overall test" and contained lawful provisions. Consequently, the commission approved the enterprise agreement, recognising it as a valid and enforceable contract between the employer and the employees.

The final orders of the commission included the approval of the enterprise agreement, with a mandate that both parties adhere to the terms set forth in the agreement. The decision was communicated to the involved parties, ensuring that they understood the terms of the approved agreement and the legal obligations it imposed.

Harvest Freshcuts Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established