DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stay in Bed Milk & Bread Pty Ltd T/A Aussie Farmers Direct
(AG2015/3718)

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

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COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the Aussie Farmers Direct and National Union of Workers Rosehill 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 Rosehill 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 9 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Stay in Bed Milk & Bread Pty Ltd, trading as Aussie Farmers Direct, and the National Union of Workers. The dispute centred around the approval of the Rosehill Enterprise Agreement 2015-2017 between the employer and the union. The matter was heard by the Fair Work Commission (FWC), which is Australia's independent national workplace relations tribunal.

The primary legal issues before the FWC were whether the agreement met the necessary requirements under the Fair Work Act 2009, and if it could be approved as a registered enterprise agreement. The FWC had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was appropriately negotiated in good faith. Additionally, the FWC examined if the agreement was in compliance with the Fair Work (Registered Organisations) Act 2009 and if it contained terms that were contrary to public policy.

In delivering its decision, the FWC first determined that the agreement was appropriately negotiated in good faith and contained no terms that were contrary to public policy. The FWC also found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment conditions. The FWC approved the agreement as a registered enterprise agreement, finding that it met the requirements under the Fair Work Act 2009.

In light of the findings, the FWC approved the Rosehill Enterprise Agreement 2015-2017 as a registered enterprise agreement, effective from the date of the decision. The FWC noted that the agreement would remain in force until it was either replaced by a new agreement, terminated, or expired under the terms of the Fair Work Act 2009.

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