DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Deere Limited
(AG2016/4301)

JOHN DEERE LIMITED (AUSTRALIAN AND NEW ZEALAND DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Deere Limited. 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 National Union of Workers 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 21 September 2016 and, in accordance with s.54, will operate from 28 September 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Deere Limited applied to the Fair Work Commission for approval of the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2016. The applicant sought an approval certificate under section 234 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of the Act and was suitable for registration.

The central issue before the Commission was whether the agreement complied with the Fair Work Act and was in the best interests of the employees. Key points of contention included the classification of roles within the agreement, the pay rates, and the terms and conditions of employment. The Commission needed to determine if the agreement was fair and reasonable, taking into account the provisions of the Act and relevant precedents.

The Commission carefully reviewed the agreement and found that it met the legal requirements under the Fair Work Act. The agreement contained appropriate classifications for roles, adequate pay rates, and reasonable terms and conditions. The Commission was satisfied that the agreement was fair and reasonable and would serve the best interests of the employees. Consequently, the Commission approved the agreement and issued a certificate of registration under section 235 of the Act.

In its decision, the Commission noted that the agreement would be registered as of the date of the certificate, and it would be binding on all parties involved. The Commission's approval was based on the conclusion that the agreement was fair and reasonable, met the legal requirements, and was suitable for registration under the Act.

John Deere Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established