DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stay in Bed Milk & Bread Pty Ltd T/A Aussie Farmers Direct
(AG2015/4539)

AUSSIE FARMERS DIRECT AND NATIONAL UNION OF WORKERS TOTTENHAM ENTERPRISE AGREEMENT 2015-2017

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2015-2017.

[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 2015-2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 11 August 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Stay in Bed Milk & Bread Pty Ltd, trading as Aussie Farmers Direct, applied to the Fair Work Commission for approval of the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2015-2017. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner J. F. O'Brien, was tasked with determining the validity of the application.

The central legal issues before the court were whether the agreement was made in good faith, whether it contained the necessary "protected action" provisions, and whether it complied with the "better off overall test." The latter required that no party to the agreement be worse off than they would have been under the applicable award or registered agreement. The National Union of Workers argued that the proposed agreement did not meet these criteria and, therefore, should not be approved.

Commissioner O'Brien found that the agreement had been made in good faith and contained the necessary "protected action" provisions. Regarding the "better off overall test," the Commissioner noted that while some employees might be worse off in terms of specific entitlements, they were better off overall due to significant improvements in other areas such as salary increases, leave entitlements, and working conditions. The overall benefits provided to employees outweighed the detriments, leading to the conclusion that the agreement met the statutory requirements.

Consequently, the Fair Work Commission approved the Aussie Farmers Direct and National Union of Workers Tottenham Enterprise Agreement 2015-2017, subject to the conditions set out in the decision. This decision allowed the agreement to take effect, ensuring that the parties could proceed with the terms as negotiated.

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