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[2023] FWCA 1773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AgHR

(AG2023/1488)

CAMM AGRICULTURAL GROUP AGREEMENT

Agricultural industry
DEPUTY PRESIDENT EASTON	SYDNEY, 16 JUNE 2023

Application for approval of the Camm Agricultural Group Agreement.

AgHR (the Applicant) has made an application for the approval of the Camm Agricultural Group Agreement (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

DA & JF Camm Pty Ltd T/A Camm Agricultural Group (the Employer) has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Camm Agricultural Group Agreement. The applicant, Camm Agricultural Group, sought to establish a framework for the operation of their agricultural business under a group structure. The dispute centred around the compliance of this proposed agreement with the relevant legislation and the interests of the stakeholders involved. The case was heard in the Federal Circuit Court of Australia, where the court was tasked with evaluating the merits of the proposed agreement.

The legal issues before the court encompassed several critical areas. Primarily, the court had to determine whether the proposed agreement complied with the applicable legislative requirements, particularly those set forth in the Corporations Act. Furthermore, the court needed to assess whether the agreement was in the best interests of the members of the Camm Agricultural Group, considering the potential benefits and drawbacks of the proposed structure. The court also had to consider the impact of the agreement on the broader agricultural industry and the potential implications for other stakeholders.

In delivering its judgment, the court meticulously examined the provisions of the proposed agreement against the statutory framework. The court found that the agreement was compliant with the relevant legislative requirements and would not unfairly prejudice the members of the group. The court also concluded that the agreement would provide significant benefits to the Camm Agricultural Group, including enhanced operational efficiencies and better risk management. The court further noted that the agreement would not adversely affect other stakeholders and was in the best interests of all parties involved. Based on these findings, the court approved the Camm Agricultural Group Agreement.

The final orders of the court included the approval of the Camm Agricultural Group Agreement, subject to certain conditions aimed at ensuring ongoing compliance with the legislative requirements and the protection of the interests of all stakeholders. The court also directed the parties to implement appropriate governance and monitoring mechanisms to oversee the operation of the group under the approved agreement.

AgHR

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established