DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premium Fresh Tasmania Pty Ltd t/a Premium Fresh Tasmania
(AG2016/3712)

PREMIUM FRESH TASMANIA ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 19 JULY 2016

Application for approval of the Premium Fresh Tasmania Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Premium Fresh Tasmania Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premium Fresh Tasmania Pty Ltd t/a Premium Fresh Tasmania. 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 19 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Premium Fresh Tasmania Pty Ltd, trading as Premium Fresh Tasmania, applied for approval of the Premium Fresh Tasmania Enterprise Agreement 2016. The application was made under section 190 of the Fair Work Act 2009 to the Fair Work Commission. The dispute centred on the terms and conditions of employment for workers under the proposed enterprise agreement, including wage rates, hours of work, and various other employment conditions.

The legal issues the court needed to address included whether the agreement met the 'better off overall test' as required by section 190(1)(b) of the Fair Work Act 2009, and whether it contained any terms that would be contrary to public policy or unjust. The court also considered the fairness of the agreement's terms, particularly in relation to the employees' compensation and the balance of benefits and detriments.

The Fair Work Commission found that the agreement did meet the better off overall test, as it provided for fair and reasonable terms and conditions of employment. The Commission determined that the proposed agreement was fair and did not contain terms that would be contrary to public policy or unjust. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer. Consequently, the Fair Work Commission granted the application for approval of the Premium Fresh Tasmania Enterprise Agreement 2016.

Premium Fresh Tasmania Pty Ltd t/a Premium Fresh Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established