DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvest Freshcuts Pty Ltd T/A Harvest Fresh Cuts
(AG2018/2491)

HARVEST FRESHCUTS PTY LTD (WA) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 12 MARCH 2019

Application for approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2018 (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 T/A Harvest Fresh Cuts. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 15 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Harvest Freshcuts Pty Ltd, trading as Harvest Fresh Cuts, sought approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2018. The applicant, the employer, had entered into an enterprise agreement with three unions representing various employees of the company. The unions, the Retail and Fast Food Workers Union of Australia, the Liquor, Hospitality and Miscellaneous Workers Union and the Shop, Distributive and Allied Employees Association, sought approval of the agreement on behalf of their members. The central dispute in this case was whether the enterprise agreement was in the best interests of the employees covered by the agreement.

The key legal issues the Commission had to address included whether the agreement provided appropriate terms and conditions for the employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the "better off overall test". This test requires that the proposed agreement must provide employees with a direct financial advantage compared to their current award or must provide non-financial benefits that are sufficiently significant to outweigh any financial disadvantage. The Commission also had to consider whether the agreement complied with procedural requirements, such as proper consultation and notice provisions.

The Commission found that the enterprise agreement provided fair and reasonable terms and conditions for the employees, meeting the better off overall test. The agreement included provisions for wages, hours of work, leave entitlements and other employment-related matters. The Commission was satisfied that the agreement was the product of genuine bargaining and that the unions had properly represented their members. The Commission also found that the agreement was in compliance with the procedural requirements of the Act. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Harvest Freshcuts Pty Ltd (WA) Enterprise Agreement 2018, effective from 1 July 2018. The agreement is to be registered with the Fair Work Commission and will apply to the employees covered by the agreement for the duration specified in the agreement. The Commission also ordered that the agreement be given effect in accordance with its terms, and that any disputes arising from the agreement be referred to the Commission for resolution.

Harvest Freshcuts Pty Ltd T/A Harvest Fresh Cuts

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established