DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd T/A Rivalea (Australia) Pty Ltd
(AG2021/4954)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS UNION - FARMING OPERATIONS COROWA 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 27 MAY 2021

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd and the Australian Workers Union - Farming Operations Corowa 2021.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd and the Australian Workers Union - Farming Operations Corowa 2021 (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 T/A Rivalea (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from the start of the first full pay period commencing on or after seven days after the date of approval. The nominal expiry date of the Agreement is 26 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rivalea (Australia) Pty Ltd, trading as Rivalea, applied to the Fair Work Commission for the approval of an enterprise agreement with the Australian Workers Union – Farming Operations Corowa. The union had already approved the agreement. The applicant sought an order that the agreement be approved as a single-enterprise agreement under the Fair Work Act 2009. The Commission's role was to consider whether the agreement met the criteria for approval under the legislation.

The legal issues before the Commission included whether the agreement had been genuinely bargained, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements for approval. The Commission also considered whether the agreement was in the best interests of the employees and whether it promoted the objectives of the Act. Additionally, the Commission had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement had been genuinely bargained between the parties, and it contained the required minimum terms and conditions. The agreement was deemed to be in the best interests of the employees, and it promoted the objectives of the Act. The Commission also concluded that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and met the procedural requirements for approval. Consequently, the Commission approved the enterprise agreement.

Rivalea (Australia) Pty Ltd T/A 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