Jurgens Produce Pty Ltd Summary

[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

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Jurgens Produce Enterprise Agreement 2024, made between Jurgens Produce Pty Ltd and their employees, as represented by the Transport Workers Union of Australia. The union sought approval for the agreement under the Fair Work Act 2009, asserting that it met the criteria for being a "single interest" enterprise agreement. The company opposed the application, raising concerns about the fairness and procedural aspects of the agreement. The central legal issues revolved around whether the agreement genuinely represented a single interest of the employees and whether the proper procedures for reaching the agreement had been followed.

The Commission examined the definition of a "single interest" enterprise agreement and assessed whether the union genuinely represented the employees' interests. The union argued that it had conducted appropriate consultations and that the agreement reflected the views of the majority of employees. The company, on the other hand, contended that the union had not adequately represented the interests of all employees and that there were procedural flaws in the agreement process. The Commission considered the evidence provided by both parties, including the union's consultation records and the company's objections.

After thorough consideration of the evidence, the Commission determined that the union had adequately represented the employees' interests and that the agreement was a genuine single interest enterprise agreement. The Commission also found that the proper procedures had been followed in reaching the agreement. The Commission emphasised the importance of genuine representation and procedural fairness in approving enterprise agreements. Based on these findings, the Commission approved the Jurgens Produce Enterprise Agreement 2024.

The Fair Work Commission approved the Jurgens Produce Enterprise Agreement 2024, finding that it met the criteria for a single interest enterprise agreement and that the proper procedures had been followed in its formation. The union's consultation efforts were deemed sufficient to establish genuine representation of the employees' interests, and the company's procedural objections were dismissed. This decision underscores the importance of ensuring that enterprise agreements reflect the true interests of employees and are reached through fair and transparent processes.

Jurgens Produce Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established