DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallaroo Produce Supplies Pty Ltd
(AG2019/225)

WALLAROO PRODUCE SUPPLIES ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the Wallaroo Produce Supplies Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wallaroo Produce Supplies 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 Wallaroo Produce Supplies Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Wallaroo Produce Supplies Pty Ltd is the applicant seeking approval of the Wallaroo Produce Supplies Enterprise Agreement 2018. The respondents include various unions representing the employees. The dispute revolves around the fairness and appropriateness of the proposed enterprise agreement, which includes terms relating to wages, working conditions, and dispute resolution mechanisms. The case was heard in the Fair Work Commission of Australia, which is responsible for overseeing the approval of enterprise agreements.

The primary legal issues the court had to address were whether the proposed agreement complied with the Fair Work Act 2009 and whether it was free from any improper influence or coercion. Specifically, the court examined whether the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement compared to their previous conditions. Additionally, the court scrutinized whether the agreement was made in good faith and whether the process for its creation was fair.

The Fair Work Commission found that the agreement was fair and met all statutory requirements. The Commission concluded that the agreement was not made under any improper influence and that it provided for employees to be no worse off than under their previous arrangements. The Commission also noted that the process of negotiating the agreement was conducted in good faith, with adequate consultation and representation. As a result, the court approved the Wallaroo Produce Supplies Enterprise Agreement 2018.

The Fair Work Commission ordered the approval of the Wallaroo Produce Supplies Enterprise Agreement 2018, effective from the date of the decision. This approval means that the terms of the agreement will govern the employment conditions of the employees, replacing any previous agreements or awards.

Wallaroo Produce Supplies 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