Zerella Holdings Pty Ltd. T/A Zerella Fresh Summary

[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

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.

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.

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.

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

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.

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.

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

Annexure A

CaseChat Overview and Summary

Zerella Holdings Pty Ltd, trading as Zerella Fresh, was before the Fair Work Commission to seek approval for the Pye Group Horticulture Employee Enterprise Agreement 2024. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement, which sought to govern the employment relationship between Zerella Fresh and its employees within the horticulture sector. The legal issues that the Commission had to resolve were whether the agreement complied with the Fair Work Act 2009 and whether it adequately protected the rights and interests of both the employees and the employer.

The Commission undertook a thorough examination of the proposed agreement, assessing it against various legislative requirements and principles of industrial law. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, if it included appropriate dispute resolution mechanisms, and if it adequately balanced the rights of the employer to manage its business with the rights of the employees to fair treatment. The Commission also considered submissions from both parties and any relevant industry standards.

In reaching its decision, the Commission found that the Pye Group Horticulture Employee Enterprise Agreement 2024 met the necessary legislative requirements. The agreement was deemed to provide for fair and reasonable terms and conditions, included suitable dispute resolution processes, and balanced the rights and interests of both parties in accordance with the principles of industrial law. Therefore, the Commission approved the agreement, recognising its compliance with the Fair Work Act 2009 and its suitability for governing the employment relationship within the horticulture sector.

Zerella Holdings Pty Ltd. T/A Zerella Fresh

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established