DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverina Fresh Pty Ltd
(AG2018/3878)

APPLICATION FOR APPROVAL OF THE RIVERINA FRESH PTY LTD WAGGA WAGGA - NATIONAL UNION OF WORKERS AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Riverina Fresh Pty Ltd Wagga Wagga - National Union of Workers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Fresh Pty Ltd Wagga Wagga – National Union of Workers 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 Riverina Fresh 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.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 14 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Riverina Fresh Pty Ltd sought approval of an enterprise agreement with the National Union of Workers, which was entered into on 22 August 2017. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on the procedural fairness of the process by which the agreement was reached, particularly regarding the union's role in the negotiations and whether the agreement was genuinely made by the parties involved.

The central legal issue before the Commission was whether the enterprise agreement was fairly and properly negotiated and concluded. The applicant argued that the agreement was made in good faith and without coercion, while the union raised concerns about the fairness of the negotiation process, alleging that it was not adequately consulted or involved. The Commission needed to determine if the agreement met the statutory requirements for approval, including whether it was made in accordance with the principles of procedural fairness and good faith.

The Fair Work Commission examined the evidence presented by both parties, including the negotiation process, documentation, and testimonies. The Commission found that the union was adequately involved in the negotiation process and that the agreement was genuinely made by the parties. It was determined that the applicant had acted in good faith and had not coerced the union into accepting the terms of the agreement. Consequently, the Commission approved the enterprise agreement, finding it met the necessary criteria for certification.

The Commission's decision was that the Riverina Fresh Pty Ltd Wagga Wagga - National Union of Workers Agreement 2017 was approved and certified as a registered enterprise agreement under section 173 of the Fair Work Act 2009. The agreement was to be in effect from 1 September 2017.

Riverina Fresh 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