DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvest Yamanto PTY LTD atf the Harvest Markets Trust no 2
(AG2021/5565)

APPLICATION FOR APPROVAL OF THE HARVEST MARKETS YAMANTO ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 8 JULY 2021

Application for approval of the Harvest Markets Yamanto Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Harvest Markets Yamanto 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 Yamanto PTY LTD aft the Harvest Markets Trust no 2 (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted the undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 15 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Harvest Yamanto PTY LTD, acting on behalf of the Harvest Markets Trust no 2, and various other parties whose interests were affected by the proposed Harvest Markets Yamanto Enterprise Agreement 2021. The dispute centred on whether the proposed agreement should be approved by the Fair Work Commission, as it sought to establish terms and conditions of employment for workers at Harvest Yamanto's markets. The case was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The applicants argued that the agreement was fair and reasonable, providing benefits such as increased wages and improved working conditions. However, some of the respondent parties contended that the agreement did not adequately protect workers' rights and interests, and that it should not be approved.

The Fair Work Commission found that the proposed agreement met the legal requirements under the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including increased wages and improved working conditions. The Commission also found that the agreement provided for adequate protection of workers' rights and interests, including provisions for dispute resolution and protection against unfair dismissal. As a result, the Commission approved the Harvest Markets Yamanto Enterprise Agreement 2021.

The Fair Work Commission's decision was based on a thorough analysis of the proposed agreement and the interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also noted that the agreement provided for adequate protection of workers' rights and interests, including provisions for dispute resolution and protection against unfair dismissal. The Commission's approval of the agreement ensures that workers at Harvest Yamanto's markets will benefit from improved wages and working conditions.

Harvest Yamanto PTY LTD atf the Harvest Markets Trust no 2

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established