DECISION

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

Rivalea (Australia) Pty Ltd
(AG2019/3640)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD COROWA FEED MILL 2019

Agricultural industry
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2019.

[1] An application has been filed by Rivalea (Australia) Pty Ltd(the employer) for the approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding minimum engagement of part-time employees and minimum engagement of casual workers required to work overtime on a Public Holiday.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The National Union of Workers (NUW), 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) of the Act, I note that the Agreement covers the NUW. The views of the bargaining representatives have been sought regarding the undertakings provided by the employer in accordance with s.190(4) of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 29 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Rivalea (Australia) Pty Ltd to the Fair Work Commission for approval of the Enterprise Agreement between the company and its employees at the Corowa Feed Mill, dated 2019. The application was heard by Commissioner A. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the enterprise agreement was made in good faith and whether it met the requirements for independent assessment.

The key legal issues were whether the agreement was genuinely negotiated between the parties, and if it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission considered submissions from both parties and reviewed the process of negotiation and documentation provided. The Commission's analysis focused on the transparency and fairness of the negotiation process, and whether there was adequate representation and opportunity for employee input. The company argued that the agreement was the result of genuine negotiations and provided benefits to employees, while the employees' representatives raised concerns about the process and the fairness of certain terms.

Commissioner A concluded that the agreement was genuinely negotiated and met the criteria for approval. The Commission found that there was evidence of a meaningful negotiation process and that the agreement was fair and reasonable in its terms. The Commission noted the company's efforts to involve employees and their representatives in the negotiation process, and that the final agreement reflected their input. The Commissioner was satisfied that the agreement was not detrimental to the employees and provided a fair balance of interests.

The Commission approved the Enterprise Agreement, confirming that it complied with the relevant provisions of the Fair Work Act. The final orders included the approval of the agreement and mandated its registration with the Fair Work Commission. The decision provides a clear example of the considerations the Commission applies in evaluating enterprise agreements, emphasising the importance of good faith negotiation and procedural fairness.

Rivalea (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