Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice Summary

[2024] FWCA 2833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice

(AG2024/2644)

HARVEY FRESH JUICE PTY LTD – GRIFFITH – ENTERPRISE AGREEMENT 2024-2027

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 1 AUGUST 2024

Application for approval of the HARVEY FRESH JUICE PTY LTD - GRIFFITH -ENTERPRISE AGREEMENT2024-2027

Harvey Fresh Juice Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd – Griffith – Enterprise Agreement 2024-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

National Employment Standards

I observe that clauses 15.4 and 16.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Delegates’ rights term

Clause 36 of the Agreement provides for a delegates’ rights term that is less favourable than the workplace delegates’ rights term in the Food, Beverage and Tobacco Manufacturing Award 2020 (Award). Pursuant to s.205A(2) of the FW Act, clause 30A of the Award is taken to be a term of the Agreement.

Section 183 Bargaining Representative

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 FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice, the Fair Work Commission was tasked with assessing the application for approval of the enterprise agreement proposed between the employer and the employees. The dispute centred around the fairness and efficacy of the proposed terms and conditions outlined in the agreement, which aimed to govern the employment relationship between the parties for the period of 2024 to 2027. The Commission's role was to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it represented a fair and reasonable agreement for the workforce involved.

The primary legal issues the Commission addressed were whether the agreement provided for appropriate minimum terms, whether it included provisions for employee representation, and whether it was free from any elements of unfair content that could be considered detrimental to the employees' interests. Additionally, the Commission considered whether the agreement was negotiated in good faith and whether it provided for the resolution of any future disputes that might arise between the parties.

The Commission found that the agreement largely met the statutory requirements for approval. It contained provisions that covered the minimum terms and conditions of employment, including wages, hours of work, and leave entitlements. Furthermore, the agreement provided for mechanisms to ensure fair treatment and representation of the employees, and the Commission was satisfied that the negotiation process was conducted in good faith. The Commission noted that while there were some areas that could be improved, these did not reach the threshold of unfairness that would warrant refusal of approval. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees covered by it.

The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009. This decision means that the agreement will now govern the employment terms and conditions between Harvey Fresh Juice Pty Ltd and its employees for the specified period, providing a framework for their industrial relationship.

Harvey Fresh Juice Pty Ltd T/A Harvey Fresh Juice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established