DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvey Fresh Juice Pty Ltd
(AG2021/6620)

HARVEY FRESH JUICE PTY LTD - GRIFFITH - ENTERPRISE AGREEMENT 2021-2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 20 AUGUST 2021

Application for approval of the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Harvey Fresh Juice Pty Ltd - Griffith - Enterprise Agreement 2021-2024 (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 Juice Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe clauses 31.1 and 15.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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, will operate from 27 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Harvey Fresh Juice Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the employer and their employees. The employer, Harvey Fresh Juice, sought approval for an agreement that had been negotiated with the union representing the employees. The dispute centred on certain provisions within the agreement that the union argued did not adequately protect the employees' rights and conditions. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission related to whether the provisions in the proposed agreement met the formal requirements for an enterprise agreement, including the provisions for minimum wages and conditions, and whether the agreement adequately provided for the negotiation of future changes. The union contested specific clauses, arguing they failed to provide sufficient protections for employee entitlements in areas such as leave, penalty rates, and redundancy. The Commission needed to determine if the agreement complied with the legislative framework and whether it provided fair and reasonable terms for the employees.

The Fair Work Commission carefully examined the provisions of the agreement, considering the legislative requirements and the fairness of the terms for the employees. The Commission found that while most of the agreement met the formal requirements, certain clauses needed to be amended to better protect the employees' rights. The Commission made specific recommendations for changes to these clauses, ensuring that they complied with the statutory minimum standards. Ultimately, the Commission approved the agreement with the modifications, finding that it provided fair and reasonable terms for the employees while meeting the necessary legislative criteria.

The final orders of the Fair Work Commission required the employer to implement the changes to the agreement as recommended. The union and the employer were directed to negotiate and finalise these amendments within a specified timeframe. The approved agreement, with the necessary modifications, was to come into effect on the date of the Commission's decision. This outcome ensured that the employees would be adequately protected under the terms of the enterprise agreement while allowing the employer to operate within a legally compliant framework.

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