Triangle Fruit & Vegetable Company Pty Ltd T/A Quality Produce International

[2023] FWCA 145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Triangle Fruit & Vegetable Company Pty Ltd T/A Quality Produce International

(AG2022/5547)

TRIANGLE FRUIT AND VEGETABLE COMPANY PTY LTD T/AS QUALITY PRODUCE INTERNATIONAL ENTERPRISE AGREEMENT 2022

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 JANUARY 2023

Application for approval of the Triangle Fruit and Vegetable Company Pty Ltd t/as Quality Produce International Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Triangle Fruit and Vegetable Company Pty Ltd t/as Quality Produce International Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Triangle Fruit & Vegetable Company Pty Ltd T/A Quality Produce International (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 17 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Triangle Fruit & Vegetable Company Pty Ltd T/A Quality Produce International, the Fair Work Commission was tasked with considering an application for the approval of the Enterprise Agreement 2022. The dispute involved the employer, Triangle Fruit & Vegetable Company Pty Ltd trading as Quality Produce International, and its employees who were represented by the Australian Manufacturing Workers' Union. The primary focus of the application was to ensure that the terms of the Enterprise Agreement met the legal standards set out in the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement satisfied the procedural and substantive requirements for approval under the Fair Work Act. This included assessing whether the agreement had been negotiated in good faith, whether it contained the mandatory terms prescribed by the Act, and whether it provided for a fair and reasonable method for resolving disputes. Additionally, the Commission examined whether the agreement provided for a fair and reasonable method for resolving disputes, and whether it ensured that employees were not worse off in terms of their existing conditions of employment.

The Fair Work Commission, in considering the evidence presented, found that the agreement had been negotiated in good faith and contained all the mandatory terms required by the Act. The Commission also determined that the agreement provided for a fair and reasonable method for resolving disputes and ensured that employees were not worse off than they were under their previous conditions of employment. As such, the Commission approved the Enterprise Agreement 2022, finding it to be in compliance with the legal standards set out in the Fair Work Act.

Consequently, the Fair Work Commission approved the Triangle Fruit & Vegetable Company Pty Ltd t/as Quality Produce International Enterprise Agreement 2022, with the approval taking effect from the date of the decision. The decision provides a clear framework for the terms and conditions of employment for the employees of Triangle Fruit & Vegetable Company Pty Ltd, ensuring that the agreement is fair, reasonable, and complies with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established