A.A. Company Pty Ltd

[2023] FWCA 2234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.A. Company Pty Ltd

(AG2023/1690)

AACO (EXTENSIVE PASTORAL OPERATIONS) ENTERPRISE AGREEMENT 2023

Agricultural industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2023

Application for approval of the AACo (Extensive Pastoral Operations) Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the AACo (Extensive Pastoral Operations) Enterprise Agreement 2023 (Agreement).

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. The undertakings are taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 July 2023. The nominal expiry date of the Agreement is 19 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

A.A. Company Pty Ltd, represented by its principal officer, brought an application before the Fair Work Commission for the approval of the AACo (Extensive Pastoral Operations) Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the primary issue before the Commission was whether the proposed agreement met the statutory requirements for approval, including the consideration of fairness and the protection of employees' rights.

The central legal issues the Commission had to address included whether the agreement provided adequate protections for employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the 'better off overall test'. This test requires that, on average, employees covered by the agreement must not be worse off financially than they would be under their existing awards or agreements. The Commission also had to consider whether the agreement contained appropriate mechanisms for resolving disputes and ensuring that employees' rights were upheld.

In examining the application, the Commission found that the proposed agreement was fair and met the statutory requirements for approval. The agreement included provisions that protected employees' rights, provided for the resolution of disputes, and met the 'better off overall test'. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act, and approved it accordingly. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the approved enterprise agreement, rather than by the applicable awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established