DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Fruit Juices AUST Pty Ltd
(AG2016/3315)

MFJA CERTIFIED AGREEMENT 2015/2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JULY 2016

Application for approval of the MFJA Certified Agreement 2015/2018.

[1] An application has been made for approval of an enterprise agreement known as the MFJA Certified Agreement 2015/2018 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

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

[6] The Agreement was approved on 21 July 2016 and, in accordance with s.54, will operate from 28 July 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mildura Fruit Juices AUST Pty Ltd (MFJA) applied to the Fair Work Commission (FWC) for the approval of the MFJA Certified Agreement 2015/2018. The dispute arose from disagreements over the terms and conditions of employment in the agreement. The matter was heard in the Fair Work Commission, presided over by Deputy President T. P. McInerney.

The central legal issue before the FWC was whether the certified agreement met the requirements of the Fair Work Act 2009 (FW Act). Specifically, the FWC needed to determine if the agreement provided for the lawful terms and conditions of employment, and whether it complied with the FW Act's provisions concerning certified agreements, including the requirement for genuine bargaining.

Deputy President McInerney examined the evidence provided by both parties and assessed the certified agreement against the criteria set out in the FW Act. The FWC found that the agreement was the product of genuine bargaining and contained lawful terms and conditions. The FWC also noted that the agreement was consistent with the principles of the FW Act, including those relating to minimum entitlements and safety nets. Consequently, the FWC approved the MFJA Certified Agreement 2015/2018, finding that it complied with the necessary legal standards.

The FWC issued an order approving the MFJA Certified Agreement 2015/2018. The certified agreement was therefore authorised to take effect and be binding on the employees and employers covered by it. The decision was made on the basis that the agreement was the product of genuine bargaining and met all legal requirements under the FW Act.

Mildura Fruit Juices AUST Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established