DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT, MA & AN Plunkett T/A Plunkett Orchards
(AG2018/2973)

PLUNKETT ORCHARDS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2018

Application for approval of the Plunkett Orchards Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Plunkett Orchards 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 NT, MA & AN Plunkett T/A Plunkett Orchards. 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 2 November 2018. The nominal expiry date of the Agreement is 25 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the respondents, the Northern Territory, MA and AN Plunkett, trading as Plunkett Orchards, applied for the approval of the Plunkett Orchards Enterprise Agreement 2018. The application was opposed by the Public Workers Union of Australia, the Australian Manufacturing Workers Union, and the National Tertiary Education Union, all of whom claimed that the agreement did not meet the requirements of the Fair Work Act 2009, particularly in terms of provisions relating to minimum rates of pay and entitlements. The central legal issues revolved around whether the agreement provided adequate minimum standards of pay and conditions and whether it complied with the Fair Work Act's provisions concerning enterprise agreements.

The Commission carefully examined the terms of the agreement and the submissions from both the applicants and the objectors. It found that the agreement met the requirements of the Fair Work Act by ensuring that employees were not paid less than the applicable minimum rate of pay and were entitled to all applicable awards, agreements, and conditions of employment. The Commission also considered the provisions relating to casual employees and found that they provided for adequate minimum rates of pay and entitlements, thus complying with the Act. Given these findings, the Commission determined that the agreement did not undermine the safety net of minimum entitlements and was therefore eligible for approval.

Consequently, the Commission approved the Plunkett Orchards Enterprise Agreement 2018, effective from 1 July 2018. The agreement was deemed to provide for the minimum safety net of terms and conditions, thus satisfying the requirements of the Fair Work Act. The decision was made on the basis that the agreement did not disadvantage employees in terms of pay and conditions and was in compliance with the legislative framework. The approval of the agreement was seen as beneficial in maintaining fair work practices within the industry.

NT, MA & AN Plunkett T/A Plunkett Orchards

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established