DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & A Mango Contracting Pty Ltd
(AG2018/2675)

A & A MANGO CONTRACTING ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the A & A Mango Contracting Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the A & A Mango Contracting 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 A & A Mango Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

A & A Mango Contracting Pty Ltd recently sought approval of its Enterprise Agreement 2018 from the Fair Work Commission. The application was brought by the company, and the Australian Council of Trade Unions (ACTU) appeared on behalf of the employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which the union argued were not fair and reasonable. The matter was heard and determined by the Fair Work Commission, which is Australia's independent national workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the criteria for approval under section 232 of the Fair Work Act 2009. The union contended that several provisions of the agreement were unfair and unreasonable, particularly in relation to wage rates, penalty rates, and annual leave entitlements. The company defended the terms, arguing that they were necessary to maintain the competitiveness of the business in a difficult economic environment.

In delivering its decision, the Commission considered the overall fairness of the proposed agreement, taking into account the nature of the enterprise and the bargaining positions of the parties. The Commission found that while some provisions were contentious, the overall balance of the agreement was fair and reasonable. The union's arguments regarding certain terms were not sufficient to render the agreement unfair. The Commission approved the Enterprise Agreement, subject to minor modifications to address specific concerns raised during the hearing. These changes were deemed necessary to ensure that the agreement met the statutory requirements for fairness and reasonableness.

A & A Mango Contracting 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