Rivalea (Australia) Pty Ltd Summary

[2013] FWCA 5210

FAIR WORK COMMISSION

DECISION

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

Rivalea (Australia) Pty Ltd
(AG2013/2104)

RIVALEA (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION HUNTLY ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 30 JULY 2013

Application for approval of the Rivalea (Australia) Pty Ltd and The Australian Workers' Union Huntly Enterprise Agreement.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Rivalea (Australia) Pty Ltd and The Australian Workers' Union Huntly Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rivalea Australia Pty Ltd (Rivalea). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Ms Karen Desborough, Group Manager, Human Resources of Rivalea, on 25 July 2013.

[3] On 25 July 2013, the The Australian Workers’ Union (the AWU) submitted an F18 Declaration of Employee Organisation in relation to an Application for Approval of an Enterprise Agreement. The AWU is therefore coved by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 2:30pm on Tuesday, 30 July 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 28 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rivalea (Australia) Pty Ltd sought approval of a proposed enterprise agreement with the Australian Workers' Union. The dispute centred on the terms and conditions of employment within the workplace, including pay rates, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issue before the Commission was whether the proposed agreement provided for the proper protection of employees' interests, particularly in relation to pay and conditions. This involved examining whether the agreement met the statutory requirements for "simplification, flexibility, and certainty" as mandated by the Fair Work Act, and whether it provided for "better off overall" terms and conditions for employees.

The Commission examined the proposed agreement's provisions in detail, assessing them against the legislative framework. It considered whether the agreement appropriately balanced the interests of both the employer and employees, ensuring that employees were not disadvantaged and that the agreement facilitated a productive workplace environment. The Commission also evaluated whether the agreement included adequate provisions for minimum entitlements, including wages, leave, and other working conditions. After thorough consideration, the Commission found that the proposed agreement met the necessary legal standards and provided for the fair and reasonable treatment of employees. Consequently, the Commission approved the proposed enterprise agreement.

The Commission's decision was grounded in the statutory requirements outlined in the Fair Work Act, ensuring that the agreement provided for appropriate protections and benefits for employees while allowing for necessary flexibility and efficiency in the workplace. The final orders of the Commission included the approval of the Rivalea (Australia) Pty Ltd and The Australian Workers' Union Huntly Enterprise Agreement, effective from the date of the decision.

Rivalea (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established