DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moffatt Fresh Produce Pty Ltd
(AG2018/2850)

MOFFATT FRESH PRODUCE ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Moffatt Fresh Produce Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Moffatt Fresh Produce Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moffatt Fresh Produce Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Moffatt Fresh Produce Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Moffatt Fresh Produce Enterprise Agreement 2018. The applicant, Moffatt Fresh Produce, sought to have the proposed enterprise agreement recognised as a lawful and valid agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the company, with the primary issue being whether the agreement complied with the requirements of the Act.

The key legal issues before the Commission were whether the agreement contained the necessary "protected action" provisions, whether the agreement was made in good faith, and whether it adhered to the process outlined in the Fair Work Act. The Commission examined whether the agreement was negotiated fairly and in good faith, and if it contained all the necessary minimum terms and conditions as specified by the Act. Additionally, the Commission considered whether the agreement was appropriately certified by an independent third party and whether it met the requirements for being a simple, fair, and efficient workplace agreement.

In its reasoning, the Commission found that the agreement met the statutory requirements for protected action, as it was made in good faith and contained all the necessary minimum terms and conditions. The agreement was also certified by an independent third party, as required by the Act. The Commission noted that the agreement was simple, fair, and efficient, and therefore met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the Moffatt Fresh Produce Enterprise Agreement 2018, deeming it a lawful and valid agreement.

The final orders of the Commission were that the Moffatt Fresh Produce Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable, providing a clear framework for the terms and conditions of employment for the workers within Moffatt Fresh Produce. The approval of the agreement allows for the continued operation of the company under the terms set out in the enterprise agreement.

Moffatt Fresh Produce 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