Jurgens Produce Pty Ltd
[2025] FWCA 454
•7 FEBRUARY 2025
| [2025] FWCA 454 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jurgens Produce Pty Ltd
(AG2024/4864)
JURGENS PRODUCE ENTERPRISE AGREEMENT 2024
| Agricultural industry | |
| COMMISSIONER LIM | PERTH, 7 FEBRUARY 2025 |
Application for approval of the Jurgens Produce Enterprise Agreement 2024
Jurgens Produce Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Jurgens Produce Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
(a)Personal/carer’s leave is stated as unpaid: Clause 22.1 of the Agreement states that unpaid personal/carer’s leave will be provided in line with the NES; however, it does not appear to provide for paid personal/carer’s leave.
However, I am satisfied that with the undertakings provided, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 27A of the Horticulture Award 2020 is taken to be a term of the Agreement.
The Agreement was approved on 7 February 2025 and, in accordance with s 54, will operate from 14 February 2025. The nominal expiry date of the Agreement is 7 February 2029.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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