DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvey Fresh Juice Pty Ltd
(AG2018/4753)

HARVEY FRESH JUICE PTY LTD - GRIFFITH - ENTERPRISE AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2018

Application for approval of the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2018-2021 (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 Juice Pty Ltd. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Harvey Fresh Juice Pty Ltd sought approval for the Enterprise Agreement 2018-2021 from the Fair Work Commission. This case involves an application to approve the agreement under the Fair Work Act 2009, where the applicant, a juice manufacturer, and the respondents, the workers' union and individual employees, have been unable to reach a consensus on the terms of the proposed agreement. The primary dispute centres around the procedural fairness of the agreement, particularly in relation to the process by which the agreement was reached and whether it adequately represents the interests of the employees.

The central legal issues before the Commission involved the procedural fairness of the agreement, including whether the process by which the agreement was negotiated and drafted was fair and whether it adequately represented the interests of the employees. Additionally, the Commission needed to determine if the agreement contained terms and conditions that were in accordance with the Fair Work Act and whether it met the 'better off overall' test, ensuring that no employee would be worse off as a result of the agreement.

In delivering its decision, the Commission emphasised the importance of procedural fairness in the negotiation of enterprise agreements. The Commission found that the process by which the agreement was negotiated was fair, despite some procedural shortcomings, and that the agreement adequately represented the interests of the employees. The Commission also concluded that the terms of the agreement were in accordance with the Fair Work Act and met the 'better off overall' test. Consequently, the Commission approved the Enterprise Agreement 2018-2021, subject to the terms and conditions outlined in the decision.

The final orders of the Commission approved the Enterprise Agreement 2018-2021, with specific conditions that must be adhered to by both the employer and the employees. These conditions include the requirement for the employer to provide additional training and development opportunities for employees and to review the agreement annually to ensure it continues to meet the needs of both parties. The Commission also mandated that any disputes arising from the agreement must be resolved through the Fair Work Commission's dispute resolution processes.

Harvey Fresh Juice Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established