Mildura Fruit Juices Aust Pty Ltd T/A Mildura Fruit Juices

[2022] FWCA 1447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mildura Fruit Juices Aust Pty Ltd T/A Mildura Fruit Juices

(AG2022/1209)

MFJA Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2022

Application for approval of the MFJA Enterprise Agreement 2021

Mildura Fruit Juices Aust Pty Ltd T/A Mildura Fruit Juices (the Applicant) has made an application for approval of an enterprise agreement known as the MFJA Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mildura Fruit Juices Australia Pty Ltd, trading as Mildura Fruit Juices, applied for approval of the MFJA Enterprise Agreement 2021. The Fair Work Commission (FWC) was tasked with considering the application, with the Australian Manufacturing Workers’ Union (AMWU) being the party seeking to have the agreement approved. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. The FWC examined the terms of the agreement, the process by which it was negotiated, and whether it provided for the fair and reasonable treatment of employees.

The legal issues before the FWC were whether the enterprise agreement was a “single interest” agreement, as required by the Act, and whether it met the “better off overall test”. The AMWU argued that the agreement was a single interest agreement and that it was in the best interests of the employees. Mildura Fruit Juices contended that the agreement was not a single interest agreement and did not meet the better off overall test. The FWC needed to determine whether the agreement was a genuine enterprise agreement, whether it was negotiated in good faith, and whether it provided for the fair and reasonable treatment of employees.

In its decision, the FWC found that the MFJA Enterprise Agreement 2021 was a genuine enterprise agreement and had been negotiated in good faith. The Commission concluded that the agreement met the better off overall test and was in the best interests of the employees. The FWC determined that the agreement was a single interest agreement and approved it under section 173 of the Fair Work Act. The Commission found that the agreement provided for the fair and reasonable treatment of employees and that it was in their best interests.

The FWC approved the MFJA Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would bind all employees and employers covered by the agreement. The FWC's decision was based on its finding that the agreement was a genuine enterprise agreement, had been negotiated in good faith, and met the better off overall test. The approval of the agreement meant that it would now form the basis of the employment conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established