DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Nicholas King
(AG2019/471)

BURLINGTON BERRIES ENTERPRISE AGREEMENT 2019

Gardening services
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2019

Application for approval of the Burlington Berries Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Burlington Berries Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Nicholas King. The Agreement is a single enterprise agreement.

[2] 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.

[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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mr Nicholas King applied to the Fair Work Commission for approval of the Burlington Berries Enterprise Agreement 2019. The applicants were the employer, Burlington Berries, and the union, United Workers Union. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 and provided for the appropriate minimum terms and conditions for the employees covered by the agreement. The court was the Fair Work Commission.

The legal issues before the court were whether the agreement provided for the appropriate minimum terms and conditions for the employees and whether the agreement was made in accordance with the procedural requirements of the Fair Work Act. The court was required to consider whether the agreement complied with the provisions of the Act and whether it met the requirements for approval.

The court found that the agreement provided for the appropriate minimum terms and conditions for the employees and that it was made in accordance with the procedural requirements of the Act. The court noted that the agreement provided for a range of terms and conditions, including wages, hours of work, leave, and dispute resolution mechanisms. The court was satisfied that the agreement met the requirements of the Act and granted approval of the agreement. The court found that the agreement was fair and reasonable and provided for the appropriate minimum terms and conditions for the employees covered by the agreement. The court also found that the agreement was made in accordance with the procedural requirements of the Act, including the requirement for genuine bargaining and the provision of relevant information to the employees. The court was satisfied that the agreement met the requirements for approval.

The final orders of the court were that the Burlington Berries Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act. The court ordered that the agreement be registered and that it would have effect from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies of the agreement be provided to the employer, the union, and the employees covered by the agreement.

Mr Nicholas King

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established