Zerella Holdings Pty Ltd. T/A Zerella Fresh

Case

[2024] FWCA 2313

21 JUNE 2024


[2024] FWCA 2313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zerella Holdings Pty Ltd. T/A Zerella Fresh

(AG2024/1821)

PYE GROUP HORTICULTURE EMPLOYEE ENTERPRISE AGREEMENT 2024

Agricultural industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 21 JUNE 2024

Application for approval of the Pye Group Horticulture Employee Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Pye Group Horticulture Employee Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

  1. The Amalgamated Australian Workers Union (SA) State Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Amalgamated Australian Workers Union (SA) State Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525141  PR776263>

Annexure A

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