DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Olam Orchards Australia Pty Ltd
(AG2015/1595)

OLAM ORCHARD TECHNICIANS AND AWU ENTERPRISE AGREEMENT 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 JANUARY 2015

Application for approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Olam Orchard Technicians and AWU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The lodgement date for this application is extended to 8 January 2015 under s.185(3)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The National Union of Workers (NUW), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 22 January 2015. The nominal expiry date of the Agreement is 21 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olam Orchards Australia Pty Ltd recently faced a matter in the Fair Work Commission, which was tasked with determining the approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2014. The dispute arose between the company and the Australian Workers' Union, which sought to have the agreement approved under the Fair Work Act 2009. The central issue was whether the agreement complied with the procedural and substantive requirements set forth in the Act.

The primary legal issue before the Commission was whether the agreement met the criteria for being a "single interest" enterprise agreement and whether the consultation process adhered to the procedural requirements of the Fair Work Act. The Commission also needed to consider whether the agreement contained any terms that were contrary to the public interest or contravened any of the provisions of the Act. This involved scrutinising the agreement's provisions to ensure that they were fair and reasonable in all respects.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission concluded that the agreement was a "single interest" enterprise agreement and that the consultation process was adequate. Furthermore, the Commission found that the terms of the agreement were fair and reasonable, and did not contravene any provisions of the Act or the public interest. Therefore, the Commission approved the agreement, finding that it met all necessary legal requirements.

The Fair Work Commission's approval of the Olam Orchard Technicians and AWU Enterprise Agreement 2014 is a significant decision for the parties involved and sets a precedent for future enterprise agreements in the industry. The Commission's detailed analysis of the agreement's provisions and consultation process provides valuable guidance for employers and unions when negotiating and finalising enterprise agreements.

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