DECISION

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

Tomato Exchange Pty Ltd as trustee for the Tomato Exchange Unit Trust T/A Tomato Exchange Pty Ltd
(AG2016/7274)

COSTA TOMATO CATEGORY ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Costa Tomato Category Enterprise Agreement 2016.

[1] I issued a Decision 1 in this matter on 28 February 2017 advising that subject to receiving appropriate undertakings I was satisfied that the Agreement could be approved.

[2] On 1 March 2017 I received signed undertakings from Bryony Hackett, Operations Manager at Tomato Exchange Pty Ltd. The undertakings which now form part of the Agreement are attached. A copy of the undertakings should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The National Union of Workers and The Australian Workers’ Union have given notice under Section 183 of the Act that they want the Agreement to cover them. In accordance with Section 201(2) of the Act I note that the Agreement covers the two organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

1 [2017] FWC 1170.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Tomato Exchange Pty Ltd, as trustee for the Tomato Exchange Unit Trust, to have the Costa Tomato Category Enterprise Agreement 2016 approved by the court. The dispute arose under the Fair Work Act 2009, specifically concerning the process for approving a new enterprise agreement and the potential implications for the involved employees. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial matters.

The primary legal issues before the court were whether the proposed enterprise agreement met the statutory criteria for approval and if it was fair and reasonable for the employees involved. The court needed to consider whether the agreement was free from any prohibited content and whether it complied with the requirements of the Fair Work Act, including provisions related to the process for employee consultation and the protection of employee interests.

In its decision, the court carefully examined the terms of the proposed agreement and the evidence presented regarding the consultation process. The court determined that the agreement did not contain any content that was prohibited by law and was fair and reasonable for the employees. The court found that the process for employee consultation was adequate and that the agreement did not unfairly disadvantage the employees. Based on this analysis, the court approved the Costa Tomato Category Enterprise Agreement 2016.

As a result of the court's decision, the Costa Tomato Category Enterprise Agreement 2016 was approved and is now legally binding between Tomato Exchange Pty Ltd and the relevant employees. This approval ensures that the terms of the agreement, which were negotiated between the employer and the employees' representatives, are enforceable and that the employees are protected under the terms of the approved agreement.

Tomato Exchange Pty Ltd as trustee for the Tomato Exchange Unit Trust T/A Tomato Exchange 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