DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redlea Citrus Pty Ltd
(AG2016/2512)

REDLEA CITRUS PTY LTD ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 22 APRIL 2016

Application for approval of the Redlea Citrus Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Redlea Citrus Pty Ltd 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 Redlea Citrus Pty Ltd. 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.

[4] The Agreement was approved on 22 April 2016 and, in accordance with s.54, will operate from 29 April 2016. The nominal expiry date of the Agreement is 22 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Redlea Citrus Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application concerned the terms of employment for workers in the citrus industry, with the specific focus being on the proposed changes to working conditions, hours of work, and leave entitlements. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the proposed enterprise agreement was genuinely a product of bargaining between the parties, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it contained provisions that were fair and reasonable in the context of the specific industry and workforce. Additionally, the Commission had to assess if the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Commission examined the evidence of genuine bargaining and found that the agreement was a product of genuine negotiations between Redlea Citrus Pty Ltd and the relevant employee representatives. It was satisfied that the agreement complied with the procedural requirements of the Fair Work Act, including the provision of relevant information and the opportunity for consultation. The Commission also concluded that the terms and conditions set out in the agreement were fair and reasonable, taking into account the specific circumstances of the industry and workforce. Consequently, the Fair Work Commission approved the Redlea Citrus Pty Ltd Enterprise Agreement 2016, deeming it compliant with the relevant statutory provisions.

As a result of the Commission's approval, the enterprise agreement will now form the basis of employment conditions for the workers in the citrus industry employed by Redlea Citrus Pty Ltd. The terms and conditions, including working hours, leave entitlements, and dispute resolution mechanisms, will be governed by the approved agreement.

Redlea Citrus 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