DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct
(AG2016/1463)

AUSSIE FARMERS DIRECT AND NATIONAL UNION OF WORKERS CLAYTON DEPOT ENTERPRISE AGREEMENT 2016-2018

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COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Aussie Farmers Direct and National Union of Workers Clayton Depot Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Farmers Direct and National Union of Workers Clayton Depot Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 8 April 2018.

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stay in Bed Milk and Bread Pty Ltd trading as Aussie Farmers Direct, sought approval for the Aussie Farmers Direct and National Union of Workers Clayton Depot Enterprise Agreement 2016-2018. The National Union of Workers contested the application, raising concerns about the fairness and appropriateness of the agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employer and employees.

The court was required to determine if the enterprise agreement contained the necessary provisions, including minimum terms and conditions, and whether it had been genuinely bargained. The court also needed to assess if the agreement was free from any unfair content, and whether it appropriately reflected the needs and interests of both parties. Additionally, the court had to consider whether the agreement met the requirements for being a single, integrated and indivisible document.

The Fair Work Commission found that the enterprise agreement was fair and appropriate, meeting all the necessary requirements under the Fair Work Act. The court held that the agreement was genuinely bargained, contained the requisite minimum terms and conditions, and was free from unfair content. The court also found that the agreement was a single, integrated and indivisible document. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Aussie Farmers Direct and National Union of Workers Clayton Depot Enterprise Agreement 2016-2018, determining that it was fair and appropriate, and met all the statutory requirements.

Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established