DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Deere Limited T/A John Deere Limited
(AG2018/6833)

JOHN DEERE LIMITED (AUSTRALIAN AND NEW ZEALAND DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER GREGORY	MELBOURNE, 14 JANUARY 2019

Application for approval of the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2018.

[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 2018 (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 T/A John Deere Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

John Deere Limited T/A John Deere Limited applied to the Fair Work Commission for approval of the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2018. The applicant is an employer in the agricultural machinery manufacturing industry. The dispute involved the terms and conditions of employment for certain employees under the proposed enterprise agreement. The Fair Work Commission, presided over by Deputy President R L C Morris, was tasked with reviewing and determining whether the agreement should be approved.

The legal issues before the commission centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the commission needed to assess if the agreement met the procedural fairness requirements, including the provisions for genuine bargaining, and whether it contained terms that were in the best interests of the employees. The commission also considered whether the agreement provided for minimum entitlements and did not unfairly discriminate against any group of employees.

The commission found that the enterprise agreement had been genuinely bargained and met the procedural fairness requirements. The terms of the agreement were considered to be in the best interests of the employees, providing for appropriate minimum entitlements and not unfairly discriminating against any group of employees. The commission noted that the agreement included provisions for fair and transparent processes for resolving disputes and ensuring that employees had access to necessary information. The commission approved the enterprise agreement, finding that it complied with the relevant legislative requirements.

The final orders of the commission were that the John Deere Limited (Australian and New Zealand Distribution Centre) Enterprise Agreement 2018 be approved, with the approval to take effect from the date of the decision. The commission also directed that the agreement be registered with the Fair Work Commission in accordance with the provisions of the Fair Work Act 2009.

John Deere Limited T/A 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