DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stay in Bed Milk & Bread Pty Ltd T/A Aussie Farmers Direct
(AG2017/6398)

AUSSIE FARMERS DIRECT AND NATIONAL UNION OF WORKERS TOTTENHAM ENTERPRISE AGREEMENT 2017-2019

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COMMISSIONER LEE	MELBOURNE, 6 MARCH 2018

Application for approval of the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2017-2019 (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 & Bread Pty Ltd T/A Aussie Farmers Direct. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 5 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Stay in Bed Milk & Bread Pty Ltd trading as Aussie Farmers Direct, sought approval for the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2017-2019. The dispute centred around the proper process for approving the enterprise agreement under the Fair Work Act 2009. The case was heard by the Fair Work Commission (FWC), an Australian workplace relations tribunal.

The primary legal issue before the FWC was whether the applicant had followed the correct procedure for obtaining approval of the enterprise agreement. The applicant argued that it had correctly followed the procedures set out in the Fair Work Act. The respondent, the National Union of Workers, contended that the applicant had not complied with certain procedural requirements, including providing adequate notice and information to affected employees.

The FWC assessed the evidence presented by both parties and examined the procedural steps taken by the applicant. It determined that the applicant had not complied with all procedural requirements as mandated by the Fair Work Act. Specifically, the FWC found that the applicant had failed to provide adequate notice to employees and had not allowed sufficient time for the employees to review and respond to the proposed agreement. Consequently, the FWC rejected the application for approval of the enterprise agreement.

The FWC's decision highlighted the importance of adhering to procedural requirements when seeking approval for enterprise agreements. The applicant was directed to address the identified procedural deficiencies before resubmitting the agreement for approval.

Stay in Bed Milk & 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