DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acadia Farms Pty Ltd
(AG2018/2123)

ACADIA FARMS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Acadia Farms 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 Acadia Farms 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 Acadia Farms 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 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Acadia Farms Pty Ltd applied to the Fair Work Commission for approval of the Acadia Farms Enterprise Agreement 2018. The respondent, a union, opposed the application, arguing that the agreement was not in the best interests of the employees as it would adversely affect their entitlements and conditions of employment. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety net. The Commission noted that the agreement provided for a range of terms and conditions that were comparable to, or in some cases more favourable than, those in the relevant award. The Commission also considered the evidence provided by the union and the employer and found that the agreement was not likely to have a detrimental effect on the employees' overall conditions of employment.

The Commission concluded that the agreement met the criteria for approval under the Fair Work Act and granted the application. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employees' rights.

The Fair Work Commission approved the Acadia Farms Enterprise Agreement 2018. The agreement is now the governing instrument for the employment of the relevant employees and will remain in effect until it is terminated or replaced by a new agreement. The Commission's decision provides guidance to employers and unions on the factors that it will consider when assessing the approval of enterprise agreements.

Acadia Farms 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