John Deere Limited

[2022] FWCA 378

[2022] FWCA 378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Deere Limited

(AG2021/9332)

John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2021

Storage services
COMMISSIONER O'NEILL	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2021

1. John Deere Limited has applied for approval of an enterprise agreement known as the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. Whilst the employees had been notified of the date of the vote to approve the Agreement at the start of the access period as required by s.180(3) of the Act, they were not notified of the voting method until the day before voting commenced on 22 December 2021. Considering that 27 of the 31 employees covered by the proposed Agreement cast a valid vote, and 26 employees voted in favour of the Agreement, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3), and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. The United Workers’ Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 19(5) – Personal Leave – Notice and evidence;

·           Clause 20(3) – Compassionate Leave - Notification and evidence; and

·           Clause 22(c) – Public Holidays.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2022. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

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Annexure A