DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vegco Pty Ltd T/A One Harvest
(AG2017/3845)

VEGCO SMEATON GRANGE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 5 DECEMBER 2017

Application for approval of the Vegco Smeaton Grange Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vegco Smeaton Grange Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vegco Pty Ltd T/A One Harvest. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 12 December 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vegco Pty Ltd, trading as One Harvest, sought approval of the Vegco Smeaton Grange Agreement 2017, which aimed to alter employee work arrangements. The application was lodged in the Fair Work Commission, where the company sought to implement changes to shift patterns and conditions for its workforce. The dispute arose from negotiations between the employer and the employees' representatives, leading to an impasse that necessitated the Commission's intervention.

The primary legal issue before the Commission was whether the proposed changes in the Vegco Smeaton Grange Agreement 2017 met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were procedurally and substantively fair. Procedurally, the Commission examined whether the agreement was the product of genuine bargaining and if there was compliance with the relevant provisions of the Act. Substantively, the Commission assessed whether the proposed changes were reasonable in all the circumstances, including the impact on employees' terms and conditions of employment.

In delivering its decision, the Commission found that the agreement had been reached through genuine and fair bargaining processes. The evidence presented showed that both parties had engaged in discussions and negotiations in good faith. Regarding the substantive fairness, the Commission considered various factors, including the nature of the changes, their impact on the workforce, and the overall fairness of the terms proposed. The Commission concluded that the proposed changes were reasonable and in the best interests of the employees, given the context and the benefits to both the employer and the employees. The Commission approved the Vegco Smeaton Grange Agreement 2017, allowing the employer to implement the new work arrangements as negotiated.

Vegco Pty Ltd T/A One Harvest

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established