The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce

[2024] FWCA 2167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce

(AG2024/1759)

TAYLOR FAMILY PRODUCE ENTERPRISE AGREEMENT

Agricultural industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JUNE 2024

Application for approval of the Taylor Family Produce Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Taylor Family Produce Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee For The K.J Taylor Family Trust & The Trustee For The W.J Taylor Family Trust T/A Taylor Family Produce. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 22.10 (d) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 12 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the trustees for two family trusts, who were trading as Taylor Family Produce. They sought approval of an enterprise agreement. The case was heard in the Fair Work Commission. The legal issues that the commission was required to decide were whether the agreement provided for fair and reasonable terms and conditions of employment and whether the necessary procedural fairness had been afforded to the employees.

The commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the business and the circumstances of the employees. The commission also found that the necessary procedural fairness had been afforded to the employees, as the trustees had provided sufficient information and opportunity for the employees to make submissions and be heard. The commission noted that the agreement had been negotiated in good faith and that the trustees had taken into account the interests of the employees. The commission was satisfied that the agreement was in the best interests of the employees and the business as a whole.

The commission approved the enterprise agreement, subject to certain modifications to ensure that it complied with the Fair Work Act 2009. These modifications included changes to the provisions relating to shift patterns and overtime. The commission also made an order that the trustees take all reasonable steps to ensure that the agreement was brought to the attention of all affected employees and that they were given an opportunity to make submissions. The trustees were also required to provide a copy of the approved agreement to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established