DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Harvests Food Products Pty Ltd
(AG2018/5436)

SELECT HARVESTS FOOD PRODUCTS PTY LTD, ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Select Harvests Food Products Pty Ltd, Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Select Harvests Food Products Pty Ltd, Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Select Harvests Food Products 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. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Select Harvests Food Products Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The dispute arose from the negotiation and subsequent application for approval of the agreement between the employer and its employees represented by the Transport Workers Union of Australia. The Commission was tasked with assessing whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval.

The central legal issues revolved around whether the agreement satisfied the procedural and substantive requirements for approval, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. The Commission examined the negotiation process, the fairness of the terms, and whether any mandatory provisions were breached.

In its reasoning, the Commission found that the agreement was made in good faith and that all procedural requirements were met. The substantive terms of the agreement were also found to be fair and reasonable, including provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement did not contravene any mandatory provisions and approved the agreement, emphasising the importance of collective bargaining in the workplace.

The final orders of the Commission were that the Select Harvests Food Products Pty Ltd Enterprise Agreement 2018 be approved and registered, effective from the date of the decision.

Select Harvests Food Products 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