DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvest Freshcuts Pty Ltd
(AG2021/6003)

HARVEST FRESHCUTS PTY LTD (QLD) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 13 AUGUST 2021

Application for approval of the Harvest Freshcuts Pty Ltd (Qld) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Harvest Freshcuts Pty Ltd (Qld) Enterprise Agreement 2021 (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 (Employer). 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. The undertakings are taken to be a term of 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] I note that the provisions at clauses 16.4, 33.1, 41.9 and 44 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, 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 20 August 2021. The nominal expiry date of the Agreement is 20 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Harvest Freshcuts Pty Ltd, a fresh produce supplier, and its employees, who are represented by the Transport Workers Union of Australia. The union sought approval for the agreement under the Fair Work Act 2009, asserting that it provided for terms and conditions of employment that were better than the minimum standards set by the relevant awards. Harvest Freshcuts Pty Ltd did not oppose the application, but did raise concerns about certain provisions of the agreement.

The central issue before the commission was whether the enterprise agreement met the requirements of the Fair Work Act, including whether it provided for terms and conditions of employment that were no worse than the relevant awards, and whether it had been genuinely agreed to by the parties. The commission also considered whether the agreement contained any terms that were outside the scope of the agreement, or that may have the effect of undermining the operation of the agreement. The union argued that the agreement provided for improved terms and conditions of employment for the employees, and that it had been genuinely agreed to by the parties.

The commission found that the enterprise agreement met the requirements of the Fair Work Act. The commission noted that the agreement provided for terms and conditions of employment that were no worse than the relevant awards, and that it had been genuinely agreed to by the parties. The commission also found that the agreement did not contain any terms that were outside the scope of the agreement, or that may have the effect of undermining the operation of the agreement. The commission approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The commission ordered that the enterprise agreement be approved, with the modifications noted in the decision. The union and Harvest Freshcuts Pty Ltd were directed to take all necessary steps to give effect to the approved agreement, including by implementing any necessary changes to their existing workplace practices and procedures. The parties were also directed to provide the commission with a copy of the signed agreement within 28 days of the decision. The decision of the commission is final and binding on the parties, and cannot be challenged in any court or tribunal.

Harvest Freshcuts Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established