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

[2018] FWCA 4466

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2017/4865)

Triangle Fruit and Vegetable Company Pty Ltd t/as Quality Produce International Agreement 2017

Storage services
COMMISSIONER GREGORY	MELBOURNE, 31 JULY 2018

Application for approval of the Triangle Fruit and Vegetable Company Pty Ltd t/a Quality Produce International Enterprise Agreement 2017.

The decision issued by the Fair Work Commission on 30 July 2018 [2018 FWCA 4466] is corrected as follows:

By deleting the location of the Decision and replacing it with “PERTH”.

By deleting paragraph [13] of the Decision and replacing it with the following:

“[13] The Agreement is approved and in accordance with s.54 of the Act will operate from 6 August 2018. The nominal expiry date of the Agreement is 5 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission concerned an application for the approval of the Triangle Fruit and Vegetable Company Pty Ltd trading as Quality Produce International Enterprise Agreement 2017. The applicant, Triangle Fruit & Vegetable Company Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The dispute centred on the provisions of the proposed agreement, which was intended to govern the employment conditions of the company's employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issues that the Commission addressed were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it had been negotiated in good faith, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the agreement complied with the requirements for simplicity and transparency, and whether it included adequate mechanisms for dispute resolution. The Commission also examined whether the agreement provided for appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment.

In its decision, the Fair Work Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement contained all the mandatory terms prescribed by the Fair Work Act, was negotiated in good faith, and provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement was sufficiently simple and transparent, and included adequate mechanisms for dispute resolution. Furthermore, the agreement was found to provide appropriate protections for employees, including compliance with minimum wage rates and leave entitlements. Consequently, the Commission approved the Triangle Fruit and Vegetable Company Pty Ltd t/a Quality Produce International Enterprise Agreement 2017.

The final orders of the Commission were that the Triangle Fruit and Vegetable Company Pty Ltd t/a Quality Produce International Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approved agreement was to apply to all employees of the company who were not covered by another registered agreement. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the employment conditions were governed by a legally compliant and fair agreement.

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