Harvest Markets Pty Ltd

[2013] FWCA 532

FAIR WORK COMMISSION

DECISION

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

Harvest Markets Pty Ltd
(AG2012/14433)

HARVEST MARKETS PTY LTD ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 22 JANUARY 2013

Application for approval of the Harvest Markets Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Harvest Markets Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Harvest Markets Pty Ltd.

[2] 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.

[3] On 18 January 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 21 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harvest Markets Pty Ltd sought approval of the Harvest Markets Pty Ltd Enterprise Agreement 2012, which was lodged with the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers Union. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act and whether it was in the best interests of the employees. This included assessing whether the agreement had been genuinely negotiated, whether it covered appropriate bargaining topics, and whether it contained necessary minimum terms and conditions of employment.

The Fair Work Commission concluded that the agreement was genuinely negotiated and appropriately covered the required bargaining topics. The Commission found that the agreement contained all necessary minimum terms and conditions and was in the best interests of the employees. Consequently, the application for approval of the Harvest Markets Pty Ltd Enterprise Agreement 2012 was approved.

The Fair Work Commission approved the Harvest Markets Pty Ltd Enterprise Agreement 2012, effective from 1 April 2012. The decision was made on the basis that the agreement was genuinely negotiated, appropriately covered the required bargaining topics, and contained all necessary minimum terms and conditions of employment. Additionally, the Commission determined that the agreement was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established