Harvey Fresh (1994) Ltd T/A Harvey Fresh (1994) Ltd

[2024] FWCA 3225

[2024] FWCA 3225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harvey Fresh (1994) Ltd T/A Harvey Fresh (1994) Ltd

(AG2024/2843)

LACTALIS AUSTRALIA - HARVEY FRESH ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 10 SEPTEMBER 2024

Application for approval of the Lactalis Australia - Harvey Fresh Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Lactalis Australia - Harvey Fresh Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harvey Fresh (1994) Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 January 2024 and the Agreement was made on 12 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), United Workers Union (UWU), and the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (AMWU) who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings (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.

1. I was advised by the Applicant that the version of the Agreement submitted contained two drafting errors, one in cl.28.2 and one in cl.29.4. Each of the bargaining agents confirmed that these were drafting errors and pursuant to s.586 of the Act I allowed the errors to be corrected.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), United Workers Union (UWU), and the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers CEPU, UWU and AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 30 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A: