DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverina Fresh Pty Ltd
(AG2020/2945)

RIVERINA FRESH PTY LTD WAGGA WAGGA – UNITED WORKERS UNION AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Riverina Fresh Pty Ltd Wagga Wagga – United Workers Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Fresh Pty Ltd Wagga Wagga – United Workers Union Agreement 2019 (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 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 application is generally in order however it appears from the employer’s declaration that not all employees were provided with full details of the voting instructions seven clear days before the vote. In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The United 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Riverina Fresh Pty Ltd applied to the Fair Work Commission for approval of the Riverina Fresh Pty Ltd Wagga Wagga – United Workers Union Agreement 2019. The application was opposed by the United Workers Union. The dispute involved the terms and conditions of employment for employees of Riverina Fresh Pty Ltd. The Fair Work Commission heard the matter and was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for a fair and equitable outcome for employees and whether it complied with the relevant provisions of the Act.

The court examined the provisions of the agreement and the submissions from both parties. It considered the nature of the work performed by the employees, the bargaining positions of the parties, and the terms of the agreement. The court found that the agreement provided for a fair and equitable outcome for the employees and complied with the requirements of the Act. It concluded that the agreement was in the best interests of the employees and approved it. The United Workers Union's opposition was dismissed.

The Fair Work Commission approved the Riverina Fresh Pty Ltd Wagga Wagga – United Workers Union Agreement 2019. The agreement was deemed to be a lawful agreement under the Fair Work Act 2009 and was approved as a registered agreement. The decision was binding on all parties and would govern the terms and conditions of employment for the employees of Riverina Fresh Pty Ltd.

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