FAIR WORK COMMISSION

DECISION

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

Rivalea (Australia) Pty Ltd
(AG2014/10423)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD FARMING OPERATIONS NEW SOUTH WALES 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 10 FEBRUARY 2015

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Farming Operations New South Wales 2014.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Farming Operations New South Wales 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 February 2015. The nominal expiry date of the Agreement is 10 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union has applied to the Fair Work Commission for the approval of an Enterprise Agreement made with Rivalea (Australia) Pty Ltd in relation to its farming operations in New South Wales. The agreement in question was made on 27 November 2014 and, if approved, would be applicable to workers employed by the company in the farming sector across the state. The dispute arose when the union sought to have the agreement recognised as a legally binding document that would govern the terms and conditions of employment for the workers concerned.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and efficient workplace and if it complied with the various statutory requirements set out in the Act. This involved examining the agreement's provisions to ensure that they did not disadvantage employees and that they adhered to the statutory minimum standards of pay, leave, and other entitlements. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it provided for appropriate mechanisms for the resolution of disputes between the parties.

The Commission found that the agreement met the criteria for approval and did not contain any provisions that were contrary to the public interest. The agreement provided for fair and efficient workplaces and complied with the statutory requirements of the Act. The Commission was satisfied that the agreement had been made in good faith and that it provided for appropriate mechanisms for the resolution of disputes. The union's application for approval was therefore granted, and the agreement was registered with the Commission.

The final orders of the Commission included the registration of the Enterprise Agreement between the Australian Workers’ Union and Rivalea (Australia) Pty Ltd in relation to its farming operations in New South Wales. The agreement would now be a legally binding document that governed the terms and conditions of employment for the workers concerned, subject to the provisions of the Fair Work Act 2009. The Commission's decision provided certainty for both the union and the company and ensured that the workers in the farming sector would be protected by a fair and efficient agreement.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established