DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4977)

SELECT HARVESTS FOOD PRODUCTS PTY LTD, ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the Select Harvests Food Products Pty Ltd, Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Select Harvests Food Products Pty Ltd, Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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 National Union of Workers 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 1 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the National Union of Workers and Select Harvests Food Products Pty Ltd, where the union sought approval for the Enterprise Agreement 2015. The Fair Work Commission was the court in this matter, tasked with determining whether the proposed agreement met the legal criteria for approval.

The primary legal issues before the Commission were whether the agreement was a "bargained agreement" as defined by the Fair Work Act 2009 and whether it complied with the "better off overall test." The union argued that the agreement had been genuinely negotiated and provided fair benefits to employees. Conversely, the employer contended that the agreement did not meet the standards required for approval under the Act.

The Commission found that the agreement was indeed a bargained agreement, as it had been negotiated in good faith and covered the necessary terms and conditions of employment. The Commission also determined that the agreement satisfied the better off overall test, meaning that employees would be no worse off and potentially better off under the new terms. The decision highlighted the importance of genuine negotiation and the balance of benefits and detriments in such agreements.

The Commission approved the Select Harvests Food Products Pty Ltd Enterprise Agreement 2015, with the approval to take effect from a specified date. This decision ensured that the terms of the agreement would legally bind the parties involved, providing a clear framework for the employment conditions moving forward.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established