Tomato Exchange Pty Ltd T/A Costa (Tomato Category) Summary

[2019] FWCA 6928

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tomato Exchange Pty Ltd T/A Costa (Tomato Category)

(AG2019/2786)

Costa Tomato Category Enterprise Agreement 2019

Agricultural industry
Commissioner Harper-Greenwell	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Costa Tomato Category Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Costa Tomato Category 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 Tomato Exchange Pty Ltd T/A Costa (Tomato Category). 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. Pursuant to s.201(3), 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 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 8 October 2019 and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Tomato Exchange Pty Ltd, trading as Costa, for the approval of the Costa Tomato Category Enterprise Agreement 2019. This application arose amidst disputes between the company and its employees, specifically those classified under the Tomato Category. The employees, represented by the United Voice union, challenged the proposed agreement on various grounds, including the adequacy of the proposed terms and conditions, and their alignment with fair work principles.

The primary legal issues before the Commission centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Key aspects of the dispute included the fairness of the proposed terms concerning wages, hours of work, leave entitlements, and other employment conditions. The Commission had to determine whether the agreement provided a safety net of minimum entitlements and whether it facilitated a cooperative workplace.

In considering these issues, the Commission examined the submissions from both parties and the overall content of the agreement. The Commission noted the absence of objections from the union and the employees, which was a significant factor in favour of the application. The Commission was satisfied that the proposed agreement provided a safety net of minimum entitlements, and that it facilitated a cooperative workplace by addressing key employment issues in a fair and balanced manner. Consequently, the Commission approved the Costa Tomato Category Enterprise Agreement 2019, finding it to be in compliance with the requirements of the Act.

No further orders were made by the Commission, and the approval of the agreement was final and binding on all parties involved.

Tomato Exchange Pty Ltd T/A Costa (Tomato Category)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established