DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADCO Holdings Pty Ltd T/A Go Work
(AG2018/2165)

ADCO HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the ADCO Holdings Pty Ltd 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 ADCO Holdings Pty Ltd 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 ADCO Holdings Pty Ltd T/A Go Work. 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

The matter before the Fair Work Commission involved ADCO Holdings Pty Ltd, trading as Go Work, and its employees, represented by the Transport Workers Union of Australia. The applicants sought approval of the ADCO Holdings Pty Ltd Enterprise Agreement 2018, which was intended to govern the terms and conditions of employment for the employees. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, under its powers to approve and register enterprise agreements, was tasked with determining if the agreement was in compliance with the legislative criteria.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained the necessary provisions to be considered a "low paid" agreement, as defined in the Fair Work Act. Specifically, the Commission had to examine whether the agreement included all the mandatory terms and conditions as required by the Act, and if it provided a safety net for employees that was no less favourable than the applicable award or safety net award. Additionally, the Commission had to assess if the agreement had been made in accordance with the procedural requirements set out in the Act, including whether proper consultation and negotiation processes had been followed.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. It was determined that the agreement included all the mandatory terms and conditions as required by the Fair Work Act. The Commission also found that the agreement provided a safety net for employees that was no less favourable than the applicable award or safety net award. Furthermore, the Commission was satisfied that the agreement had been made in accordance with the procedural requirements of the Act, with proper consultation and negotiation processes having been followed. Consequently, the Commission approved the ADCO Holdings Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the ADCO Holdings Pty Ltd Enterprise Agreement 2018, thereby resolving the dispute between the parties. This decision ensured that the employees of ADCO Holdings Pty Ltd would be governed by the terms and conditions outlined in the approved agreement, which provided a fair and reasonable framework for their employment.

ADCO Holdings Pty Ltd T/A Go Work

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established