Select Harvests Limited Summary

[2021] FWCA 6900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Select Harvests Limited
(AG2021/8404)

KYNDALYN PARK AND THE AWU ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Kyndalyn Park and the AWU Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Kyndalyn Park and the AWU Enterprise Agreement 2021 (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 Limited. 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. The undertakings are taken to be a term of 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 6 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Select Harvests Limited, an agricultural company, and the Australian Workers' Union, representing workers in the industry. The dispute centred on the application for the approval of two agreements: the Kyndalyn Park Agreement and the AWU Enterprise Agreement 2021. These agreements pertained to the terms and conditions of employment for workers at Kyndalyn Park and across the broader industry. The Commission was tasked with determining whether these agreements met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreements were genuinely bargained between the parties and if they met the requirements of being in the best interests of the employees involved. The Commission needed to assess the process by which the agreements were negotiated, the fairness of the terms, and the compliance with statutory obligations. The company argued that the agreements were a product of good faith negotiations and provided adequate protections and benefits for the workers. Conversely, the union highlighted certain provisions they believed were detrimental to employee rights and advocated for amendments to better reflect the interests of the workforce.

In delivering its decision, the Commission examined the negotiation process and the content of the agreements in detail. It found that while the majority of the terms were the result of genuine negotiations, certain provisions in the agreements did not sufficiently protect the employees' interests. The Commission recognised the importance of balancing the rights and obligations of both employers and employees but concluded that specific changes were necessary to ensure the agreements met the statutory requirements for approval. The Commission directed both parties to renegotiate certain clauses to address the identified shortcomings, ensuring that the final agreements would adequately protect the workers' interests and comply with the legal standards set out in the Fair Work Act.

The Fair Work Commission approved the Kyndalyn Park Agreement and the AWU Enterprise Agreement 2021, subject to the amendments negotiated between the parties. The Commission mandated that the parties return to the negotiating table to revise the contentious clauses within a specified timeframe. The revised agreements were to be submitted to the Commission for final approval, ensuring that all terms met the statutory criteria for genuine bargaining and the best interests of the employees. This decision underscores the importance of thorough negotiation processes and the necessity for agreements to adequately protect employee rights in compliance with Australian labour law.

Select Harvests Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established