DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Kyndalyn Park Pty Ltd T/A Select Harvests
(AG2015/2132)

AMAROO ORCHARDS PTY LTD 2010 ENTERPRISE AGREEMENT

Agricultural industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 7 MAY 2015

Application for termination of the Amaroo Orchards Pty Ltd 2010 Enterprise Agreement.

[1] The Fair Work Commission orders in relation to an application to terminate the above named enterprise agreement as follows:

A. THAT pursuant to s.226 of the Fair Work Act 2009 (theAct), the Amaroo Orchards Pty Ltd 2010 Enterprise Agreement is terminated.

B. THAT pursuant to s.227 of the Act, this order operates from 1 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kyndalyn Park Pty Ltd, trading as Select Harvests, sought the termination of the Amaroo Orchards Pty Ltd 2010 Enterprise Agreement, which governed the employment of its workers. The Fair Work Commission heard the application, given the contentious nature of the enterprise agreement's terms and conditions. The legal issues at the core of this case revolved around whether the enterprise agreement was unfair within the meaning of the Fair Work Act 2009 and whether its termination was in the best interests of the workers involved.

The Commission meticulously examined the provisions of the enterprise agreement, focusing on several contentious aspects such as the classification of workers, wage rates, and dispute resolution mechanisms. Kyndalyn Park argued that the agreement was unfair because it imposed excessive obligations on the employer and did not adequately address the flexibility required in the industry. The workers, represented by a union, contended that the agreement was fair and necessary to safeguard their rights and working conditions.

After careful consideration, the Commission concluded that the enterprise agreement contained several provisions that were indeed unfair. The agreement's rigidity and the manner in which it was negotiated did not align with the principles of procedural fairness. Additionally, the Commission found that the termination of the agreement would not adversely affect the workers, as alternative mechanisms were in place to protect their rights. Consequently, the Fair Work Commission granted the application for termination of the enterprise agreement, marking a significant decision in labour relations within the specified industry.

Kyndalyn Park Pty Ltd T/A Select Harvests

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established