DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/549)

RED GEM GROWERS & PACKERS PTY LTD & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2016-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 1 MAY 2017

Application for approval of the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers (NUW). 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers (NUW) 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 was approved on 1 May 2017 and, in accordance with s.54, will operate from 8 May 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, National Union of Workers sought approval of a certified agreement with Red Gem Growers & Packers Pty Ltd. The agreement, proposed for a period of 2016 to 2018, contained terms and conditions of employment for the workers represented by the union. The application was contested by the employer, which raised several objections to the terms of the proposed agreement.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the provisions relating to the content, scope, and approval of certified agreements. The Commission had to determine if the agreement was fairly negotiated, if it provided for appropriate minimum terms and conditions, and if it complied with the Better Off Overall Test.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It found that the agreement was the product of genuine negotiations and that the terms and conditions were appropriate and met the statutory minimum standards. The Commission concluded that the proposed agreement was better off overall for the employees, taking into account the benefits and detriments of the agreement. As a result, the Commission approved the application and certified the agreement as meeting the requirements of the Act.

The Fair Work Commission approved the application and certified the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2016-2018. The agreement was to be in effect from 1 July 2016 and would govern the employment terms and conditions of the workers represented by the union until 30 June 2018.

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