Olam Orchards Australia Pty Ltd

[2022] FWCA 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Olam Orchards Australia Pty Ltd

(AG2022/2331)

Olam Orchard Technicians and AWU Enterprise Agreement 2022

Agricultural industry
COMMISSIONER MCKINNON	SYDNEY, 2 AUGUST 2022

Application for approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2022.

Olam Orchards Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Olam Orchard Technicians and AWU Enterprise Agreement 2022 (the Agreement).

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 is approved and will operate from 9 August 2022. The nominal expiry date of the Agreement is 31 July 2025.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olam Orchards Australia Pty Ltd recently came before the Fair Work Commission in an application seeking approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2022. The applicant, Olam Orchards Australia, is an employer in the horticulture industry, while the Australian Workers' Union (AWU) represents the employees, specifically the orchard technicians. The dispute centred around whether the proposed enterprise agreement complied with the relevant legislative provisions and if it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions of employment. The Commission had to assess if the agreement contained mandatory terms, if it allowed for genuine bargaining, and if it provided for minimum entitlements, including minimum rates of pay and other conditions such as leave entitlements. Additionally, the Commission considered if the agreement met the 'better off overall test', ensuring that employees were not worse off under the new agreement.

The Fair Work Commission found that the proposed agreement satisfied the necessary legislative requirements and provided fair and reasonable terms and conditions of employment. The Commission determined that the agreement included all mandatory terms, allowed for genuine bargaining, and provided for minimum entitlements. The Commission also concluded that the agreement met the 'better off overall test', as employees would not be worse off under the new agreement. Consequently, the Commission approved the Olam Orchard Technicians and AWU Enterprise Agreement 2022, allowing it to come into effect. This decision ensures that the agreement will govern the terms and conditions of employment between Olam Orchards Australia and the AWU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established