DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sungold Fruits Pty Ltd
(AG2019/401)

SUNGOLD FRUITS PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 12 JUNE 2019

Application for approval of the Sungold Fruits Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sungold Fruits Pty Ltd 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 Sungold Fruits Pty Ltd. 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.

[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 19 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sungold Fruits Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Sungold Fruits Pty Ltd Enterprise Agreement 2019. The applicant is an employer engaged in the production of kiwifruit. The dispute involved the terms of employment for employees covered by the agreement, which included provisions on wages, working conditions, and other employment matters. The court was required to determine whether the agreement complied with the Fair Work Act 2009, including whether it met the "better off overall test" and whether it was made in good faith and without coercion.

The central legal issues revolved around the compliance of the agreement with the statutory requirements of the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, whether it met the "better off overall test," and whether it provided for a safety net of minimum terms and conditions. Additionally, the court had to consider whether any provisions in the agreement were contrary to public policy or had any discriminatory effects. The applicant argued that the agreement was fairly negotiated and met all statutory requirements, while no objections were raised by the employees or other parties.

The court examined the negotiation process and found that the agreement was genuinely negotiated between the employer and the employees' representatives. It assessed the "better off overall test" by comparing the terms of the agreement with the applicable awards and the existing terms of employment, determining that employees were not worse off overall. The court also found that the agreement provided for a safety net of minimum terms and conditions and did not contravene any public policy or have any discriminatory effects. Given these findings, the court approved the agreement under the Fair Work Act.

The final orders of the court were that the Sungold Fruits Pty Ltd Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. This decision ensured that the agreement would have legal effect and be binding on the parties involved, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Sungold Fruits Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established