DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd T/A Rivalea (Australia) Pty Ltd
(AG2016/5338)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD COROWA FEED MILL 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2016.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Corowa Feed Mill 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 20 October 2016 and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 29 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Rivalea (Australia) Pty Ltd for the approval of an Enterprise Agreement for the Corowa Feed Mill. The Fair Work Commission (FWC) was the body tasked with determining whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009. The application was brought forth in light of the company's desire to formalise employment conditions for its workforce in a manner that was fair and reasonable.

The legal issues at hand centred on whether the proposed Enterprise Agreement complied with the statutory requirements for approval. Specifically, the FWC had to assess if the agreement was free from any prohibited content, if it had been genuinely agreed upon by the parties, and if it contained the mandatory terms as outlined in the Fair Work Act. Furthermore, the FWC had to consider the potential impact of the agreement on employees' rights and the fairness of the terms proposed.

In reaching its decision, the FWC evaluated the evidence presented, including submissions from the parties involved, and examined the content of the proposed agreement. The Commission concluded that the agreement met the criteria for approval as it did not contain any prohibited content and had been genuinely agreed upon. It was also determined that the agreement provided for the mandatory terms and that it was fair and reasonable in the circumstances. Consequently, the FWC approved the Enterprise Agreement, finding that it was in the best interests of the employees and the employer.

The final orders included the approval of the Enterprise Agreement, which would govern the employment conditions at the Corowa Feed Mill, effective from the date of the decision. The terms of the agreement would now be binding on the employer and the employees covered by the 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