DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Gem Growers and Packers Pty Ltd
(AG2018/6822)

RED GEM GROWERS & PACKERS PTY LTD & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2018-2021

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Red Gem Growers and Packers Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Red Gem Growers and Packers Pty Ltd, sought approval for their certified agreement with the National Union of Workers. The agreement, which covers a period from 2018 to 2021, was submitted to the Fair Work Commission for endorsement. The nature of the dispute centred on the compliance of the agreement with the relevant provisions of the Fair Work Act 2009, specifically whether it met the requirements for a certified agreement under Australian labour law.

The central legal issues before the court involved determining whether the certified agreement contained all the mandatory terms and conditions as prescribed by the Act, and whether it was fair and reasonable in all its aspects. The court had to examine whether the agreement complied with the procedural fairness requirements, including whether there was genuine bargaining between the parties, and whether the agreement was negotiated in good faith. Additionally, the court considered whether the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the court meticulously reviewed the certified agreement, assessing its content against the statutory criteria. The court found that the agreement was the product of genuine bargaining, as evidenced by the comprehensive negotiation process detailed in the submissions. Furthermore, the court determined that the terms and conditions outlined in the agreement were fair and reasonable, and that it appropriately balanced the interests of both parties. Consequently, the court approved the Red Gem Growers & Packers Pty Ltd & National Union of Workers Certified Agreement 2018-2021, finding it compliant with the requirements of the Fair Work Act.

Red Gem Growers and Packers 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