DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vitalish Pty Ltd
(AG2019/134)

VITALISH PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Vitalish Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vitalish Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vitalish Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 9 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vitalish Pty Ltd applied for approval of the Vitalish Pty Ltd Enterprise Agreement 2018. The applicant is an employer and the respondents are various trade unions. The unions objected to the application on the basis that the agreement was not made in good faith. The application was heard in the Fair Work Commission, with Commissioner McCabe presiding. The primary issue before the Commission was whether the agreement was made in good faith. The unions argued that the employer had failed to bargain in good faith as it had failed to provide necessary information to the unions, and had engaged in misleading conduct. The employer argued that it had acted in good faith and had provided all necessary information to the unions.

The Commission found that the employer had acted in good faith in the negotiation and formation of the agreement. The Commission found that while there had been some delays in providing information to the unions, the employer had provided all necessary information and had engaged in genuine negotiations. The Commission also found that the employer had not engaged in any misleading conduct. The Commission was satisfied that the agreement had been made in good faith and approved the agreement. The employer's application for approval of the agreement was successful. The unions' objections to the application were dismissed.

Vitalish 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