DECISION

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

Rivalea (Australia) Pty Ltd
(AG2014/10423)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD FARMING OPERATIONS NEW SOUTH WALES 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 10 FEBRUARY 2015

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Farming Operations New South Wales 2014.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Farming Operations New South Wales 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 February 2015. The nominal expiry date of the Agreement is 10 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivalea (Australia) Pty Ltd was a party to an enterprise agreement with its employees, and the case was brought before the Fair Work Commission. The dispute centred around the application for the approval of the Enterprise Agreement, which was titled "Rivalea (Australia) Pty Ltd Farming Operations New South Wales 2014". The legal issues that the court had to address were primarily concerned with whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court needed to consider if the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it contained appropriate provisions for employee representation and dispute resolution.

In evaluating the agreement, the court looked into the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The court also examined if the agreement met the minimum terms and conditions as outlined in the Fair Work Act. Furthermore, the court considered if the agreement contained appropriate provisions for the protection of employee interests, such as those relating to working conditions, pay, and dispute resolution mechanisms. The court gave careful consideration to the fairness and reasonableness of the terms, ensuring that they did not undermine the rights of employees.

The court found that the Enterprise Agreement met all the necessary criteria for approval. The agreement was determined to be genuine, made in good faith, and contained appropriate provisions for employee representation and dispute resolution. The court was satisfied that the agreement provided for fair and reasonable terms that did not undermine the rights of employees. Consequently, the Fair Work Commission approved the Enterprise Agreement, confirming its validity and enforceability. This decision ensured that the terms of the agreement would govern the employment relationship between Rivalea (Australia) Pty Ltd and its employees, subject to the provisions of the Fair Work Act.

Rivalea (Australia) Pty Ltd

DECISION

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