DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olam Orchards Australia Pty Ltd
(AG2018/2895)

OLAM ORCHARD TECHNICIANS AND AWU ENTERPRISE AGREEMENT 2018

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Olam Orchard Technicians and AWU 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 Olam Orchards Australia Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 15 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Olam Orchards Australia Pty Ltd applied to the Fair Work Commission for approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2018. The Australian Workers’ Union (AWU) is the bargaining representative for the employees, while Olam Orchards Australia Pty Ltd is the employer. The matter was heard by Deputy President D’Abbs, who was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement provided for the “proper management” of the employees’ working conditions, as required by section 228 of the Fair Work Act. This involved assessing whether the agreement contained provisions that ensured employees were paid fairly and provided with appropriate working conditions, as well as ensuring the agreement did not adversely affect the employees’ job security and working conditions. The court was also required to determine if the agreement had been made in good faith and without coercion, and if the bargaining process was fair and transparent.

In delivering the decision, Deputy President D’Abbs found that the agreement did provide for the proper management of the employees’ working conditions. The agreement contained provisions that ensured employees were paid fairly and provided with appropriate working conditions, and it did not adversely affect their job security or working conditions. The court was satisfied that the agreement had been made in good faith and without coercion, and that the bargaining process was fair and transparent. The Deputy President approved the enterprise agreement, finding that it met the necessary requirements for approval under the Fair Work Act.

The final orders of the court were that the Olam Orchard Technicians and AWU Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act. The agreement will now be registered with the Fair Work Commission, and will apply to the employees covered by the agreement. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment, and ensures that the agreement meets the necessary legal requirements for approval.

Olam Orchards Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established