DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd T/A Rivalea (Australia) Pty Ltd
(AG2017/4857)

RIVALEA (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS’ UNION HUNTLY ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Rivalea (Australia) Pty Ltd and The Australian Workers’ Union Huntly Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rivalea (Australia) Pty Ltd and The Australian Workers’ Union Huntly Enterprise Agreement 2017 (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 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 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 21 December 2017. The nominal expiry date of the Agreement is 28 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Rivalea (Australia) Pty Ltd T/A Rivalea (Australia) Pty Ltd, the Fair Work Commission was tasked with considering the application for the approval of the Rivalea (Australia) Pty Ltd and The Australian Workers’ Union Huntly Enterprise Agreement 2017. The application for approval was brought by the Australian Workers’ Union, who sought to have the agreement recognised as a protected action and registered with the Fair Work Commission. The dispute arose from the negotiation and subsequent agreement between the union and the employer regarding terms and conditions of employment for the workers represented by the union.

The central legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009. This included ensuring that the agreement had been made in good faith, provided for the proper utilisation of employees, and complied with the Fair Work (Transitional Arrangements) Regulations 2009. Furthermore, the Commission had to consider whether the agreement satisfied the requirements for a modern award, including whether it provided for appropriate minimum terms and conditions of employment.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission determined that the agreement was made in good faith and provided for the proper utilisation of employees. The agreement also met the requirements for a modern award, providing for appropriate minimum terms and conditions of employment. Additionally, the Commission found that the agreement complied with the Fair Work (Transitional Arrangements) Regulations 2009. Based on these findings, the Commission approved the agreement, recognising it as a protected action and registering it with the Fair Work Commission.

As a result of the decision, the Rivalea (Australia) Pty Ltd and The Australian Workers’ Union Huntly Enterprise Agreement 2017 is now approved and registered, providing a framework for the terms and conditions of employment for the workers represented by the union. This decision serves as a reminder of the importance of ensuring that enterprise agreements meet the legal requirements and provide for appropriate minimum terms and conditions of employment.

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