DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I.D. & S.L. Groves T/A Groves Grown Tropical Fruits
(AG2018/7160)

I.D. & S.L. GROVES ENTERPRISE AGREEMENT 2018

Agricultural industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 APRIL 2019

Application for approval of the I.D. & S.L. GROVES Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the I.D. & S.L. GROVES Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by I.D. & S.L. Groves T/A Groves Grown Tropical Fruits. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 18 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, I.D. & S.L. Groves, trading as Groves Grown Tropical Fruits, applied for the approval of the Enterprise Agreement 2018. The applicant sought to have the agreement registered with the Fair Work Commission as a registered bargaining agreement. The dispute involved the terms and conditions of employment for the workers within the enterprise, specifically those related to pay rates, working hours, leave entitlements, and other workplace provisions. The nature of the dispute was to ensure that the proposed agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable for both the employer and the employees.

The legal issues before the court required determination of whether the Enterprise Agreement 2018 complied with the Fair Work Act 2009, including provisions related to the coverage of the agreement, the bargaining process, and the content of the agreement. The court had to consider whether the agreement was made in good faith, whether it covered the appropriate employees, and whether it provided for fair and reasonable terms and conditions. Additionally, the court needed to assess whether the agreement met the criteria for "better off overall" and whether it contained the mandatory minimum terms prescribed by the Fair Work Act.

The Fair Work Commission found that the Enterprise Agreement 2018 was fair and reasonable for the employees covered by the agreement. The court noted that the agreement was made in good faith and that the bargaining process adhered to the legal requirements. The terms of the agreement were deemed to provide for fair and reasonable conditions, including pay rates, working hours, and leave entitlements. The court also determined that the agreement met the "better off overall" test and contained all the mandatory minimum terms as required by the Fair Work Act. Consequently, the Fair Work Commission approved the Enterprise Agreement 2018 for registration.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2018 be approved and registered as a registered bargaining agreement under the Fair Work Act 2009. This decision ensured that the agreement would govern the employment terms and conditions for the workers within Groves Grown Tropical Fruits, providing a framework for fair and reasonable workplace practices.

I.D. & S.L. Groves T/A Groves Grown Tropical Fruits

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established