Limeair Enterprise Pty Ltd T/A Farmer Jacks Como Summary

[2022] FWCA 4509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Limeair Enterprise Pty Ltd T/A Farmer Jacks Como

(AG2022/4690)

FJ Como Enterprise Agreement 2022

Retail industry
DEPUTY PRESIDENT BELL	MELBOURNE, 20 DECEMBER 2022

Application for approval of the FJ Como Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the FJ Como Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Limeair Enterprise Pty Ltd T/A Farmer Jacks Como. The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 20 December 2022 and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Limeair Enterprise Pty Ltd, trading as Farmer Jacks Como, the applicant sought approval for the FJ Como Enterprise Agreement 2022. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory conditions and whether it provided fair terms for the employees involved.

The legal issues before the Commission involved assessing the agreement against the legislative criteria set out in the Fair Work Act. Key considerations included whether the agreement contained the mandated minimum entitlements, ensured procedural fairness in its formation, and was free from any unlawful content. Additionally, the Commission had to consider submissions from the parties and any relevant precedents or guidelines that might influence the decision.

In its reasoning, the FWC found that the FJ Como Enterprise Agreement 2022 met the necessary criteria for approval. The agreement contained all the required minimum terms and conditions, and the process through which it was formed was deemed fair and procedurally sound. The Commission noted that the agreement was in line with the principles of procedural fairness and did not contain any unlawful provisions. Consequently, the application for approval was successful, and the agreement was endorsed.

The final orders of the Commission included the approval and registration of the FJ Como Enterprise Agreement 2022. The agreement was to be binding upon the parties from the date of the Commission’s decision, ensuring that the terms and conditions set out therein would govern the employment relationship between Limeair Enterprise Pty Ltd and the affected employees.

Limeair Enterprise Pty Ltd T/A Farmer Jacks Como

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established