Seven Fields Pty Ltd T/A Nutrano Produce Group Summary

[2018] FWCA 4101

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Seven Fields Pty Ltd T/A Nutrano Produce Group

(AG2018/1124)

Seven Fields Pty Ltd Trading As "Nutrano Produce Group" Enterprise Agreement 2017

Gardening services
Commissioner Saunders	NEWCASTLE, 11 JULY 2018

Application for approval of the Seven Fields Pty Ltd Trading As "Nutrano Produce Group" Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Seven Fields Pty Ltd Trading As “Nutrano Produce Group” Enterprise 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 Seven Fields Pty Ltd T/A Nutrano Produce Group. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 is approved and, in accordance with s.54 of the Act, will operate from 18 July 2018. The nominal expiry date of the Agreement is 10 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Seven Fields Pty Ltd, trading as "Nutrano Produce Group" Enterprise Agreement 2017. The applicant, Seven Fields, sought the Fair Work Commission's approval of the proposed enterprise agreement, which would govern the employment terms and conditions of certain employees within the company. The application was brought under the Fair Work Act 2009, which requires that an enterprise agreement be approved by the Fair Work Commission if it is to have effect.

The central legal issues before the court were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. Key concerns included whether the agreement adequately protected employee entitlements, particularly in relation to overtime and shift penalties, and whether the process for reaching the agreement was fair and lawful. Additionally, the court had to consider whether the agreement met the "better off overall test," ensuring that employees would not be worse off financially under the new agreement.

The Fair Work Commission found that the proposed enterprise agreement met the necessary statutory requirements and was in the best interests of the employees. The commission acknowledged that the agreement contained provisions that were less favourable to employees than their previous entitlements, but concluded that the overall benefits of the agreement, such as increased wages and the certainty of having an enterprise agreement, outweighed these detriments. The commission also found that the process for reaching the agreement was fair and lawful, and thus approved the agreement under the Fair Work Act.

The final orders of the Fair Work Commission were to approve the Seven Fields Pty Ltd Trading As "Nutrano Produce Group" Enterprise Agreement 2017, which would then have legal effect from the date of the approval. This decision meant that the terms and conditions set out in the agreement would govern the employment of the relevant employees, subject to the terms and conditions of the agreement.

Seven Fields Pty Ltd T/A Nutrano Produce Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established