DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvey Fresh Juice Pty Ltd
(AG2015/5898)

HARVEY FRESH JUICE PTY LTD - GRIFFITH - ENTERPRISE AGREEMENT 2015-2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd – Griffith – Enterprise Agreement 2015-2018 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Harvey Fresh Juice Pty Ltd sought approval of the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2015-2018. The Fair Work Commission was asked to determine if the agreement was in the interests of employees and if it met the requirements of the Fair Work Act 2009. The primary issue was whether the agreement complied with the relevant provisions of the Act and if it was in the best interest of the employees it covered.

The Commission noted that the agreement had been negotiated in good faith and was not based on any unfair labour practice. It was also found that the agreement contained provisions that were better than the applicable awards and provided for a fair and reasonable outcome for employees. The Commission was satisfied that the agreement met the requirements of the Act and was in the best interests of the employees it covered. It was also found that the agreement provided for a fair and reasonable outcome for employees, including provisions for wage increases, leave entitlements, and other benefits.

Accordingly, the Fair Work Commission approved the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2015-2018. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The decision is a reminder of the importance of negotiating enterprise agreements that are in the best interests of employees and that meet the requirements of the Fair Work Act.

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