DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summermix Pty Ltd T/A Farmer Jacks
(AG2019/3239)

FJ ASHBY ENTERPRISE AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the FJ Ashby Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the FJ Ashby Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summermix Pty Ltd T/A Farmer Jacks. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2019. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Summermix Pty Ltd, trading as Farmer Jacks, and the Fair Work Commission. The company sought approval of the FJ Ashby Enterprise Agreement 2019, which was intended to govern the terms and conditions of employment for certain employees. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns about various provisions of the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Union argued that certain provisions did not meet the 'better off overall test' and that the agreement failed to provide adequate protections for employees, including issues related to minimum rates of pay, classification of employees, and the process for resolving disputes.

The Commission carefully examined the provisions of the agreement against the legislative criteria. It found that while some provisions did not meet the 'better off overall test', others did. The Commission also considered the overall fairness of the agreement, taking into account the need for flexibility in the workplace and the legitimate interests of both the employer and employees. Ultimately, the Commission approved the agreement with minor modifications to certain clauses to ensure they complied with the statutory requirements.

The final orders included the approval of the FJ Ashby Enterprise Agreement 2019, subject to the modifications made by the Commission. These modifications were designed to address the specific concerns raised by the Union while maintaining the overall intent and balance of the agreement.

Summermix Pty Ltd T/A Farmer Jacks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established