Stanthorpe Fresh Salads and Herbs Pty Ltd Summary

[2013] FWCA 6363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanthorpe Fresh Salads and Herbs Pty Ltd
(AG2013/2578)

STANTHORPE FRESH SALADS AND HERBS PTY LTD ENTERPRISE AGREEMENT 2013

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Stanthorpe Fresh Salads and Herbs Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stanthorpe Fresh Salads and Herbs Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 September 2013. The nominal expiry date of the Agreement is 2 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stanthorpe Fresh Salads and Herbs Pty Ltd applied to the Fair Work Commission for approval of the Stanthorpe Fresh Salads and Herbs Pty Ltd Enterprise Agreement 2013. The applicant is an employer in the fresh produce industry, and the respondent is a trade union representing employees of the applicant. The dispute centred on whether the agreement met the legal requirements for registration under the Fair Work Act 2009. Key issues included whether the agreement provided for the proper payment of wages and conditions, and whether it had been genuinely negotiated between the parties.

The Commission examined whether the agreement contained all the mandated terms and conditions, including minimum wages, penalty rates, and leave entitlements. It also assessed whether the agreement had been made genuinely and in good faith, as required by the legislation. The Commission scrutinised the negotiation process and evidence provided by both parties to ensure that the agreement was not a mere formality but a result of genuine bargaining. Furthermore, the Commission considered whether the agreement met the requirements for covering all employees within the relevant bargaining unit.

After thorough examination, the Commission found that the agreement met all legal requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated and contained all the mandated terms and conditions. The negotiation process was deemed adequate, and the evidence provided by both parties demonstrated a genuine effort to reach a fair agreement. Consequently, the Fair Work Commission approved the Stanthorpe Fresh Salads and Herbs Pty Ltd Enterprise Agreement 2013.

Stanthorpe Fresh Salads and Herbs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established