DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Fruit Juices AUST Pty Ltd T/A Mildura Fruit Juices
(AG2019/1745)

MFJA CERTIFIED AGREEMENT 2018/2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2019

Application for approval of the MFJA Certified Agreement 2018/2021.

[1] An application has been made for approval of an enterprise agreement known as the MFJA Certified Agreement 2018/2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mildura Fruit Juices AUST Pty Ltd T/A Mildura Fruit Juices. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mildura Fruit Juices AUST Pty Ltd, trading as Mildura Fruit Juices, applied to the Fair Work Commission for approval of the MFJA Certified Agreement 2018/2021. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers within the juice manufacturing sector, specifically concerning pay rates, classification, and other workplace arrangements.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act for it to be approved and registered. This included assessing whether the agreement complied with the 'better off overall test', ensuring that employees would not be worse off financially under the new terms compared to their previous conditions. Additionally, the Commission needed to consider whether the agreement adequately addressed the needs of all parties involved and whether it was fairly negotiated.

In deliberating on the matter, the Fair Work Commission examined the proposed agreement's provisions in detail. It considered the submissions from both the employer and the employees' representatives, evaluating the evidence provided on the financial implications of the agreement for the workers. The Commission found that the agreement did indeed meet the 'better off overall test' and was fairly negotiated. The proposed pay rates and conditions were deemed to be equitable and beneficial for the employees, thus satisfying the statutory requirements for approval.

The Fair Work Commission approved the MFJA Certified Agreement 2018/2021, registering it as a registered agreement under the Fair Work Act. The decision was made in the interest of maintaining fair and balanced employment conditions within the juice manufacturing industry.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established