DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agri HR Pty Ltd
(AG2019/431)

AGRI HR PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MAY 2019

Application for approval of the Agri HR Pty Ltd Enterprise Agreement 2019

[1] Agri HR Pty Ltd has made an application for approval of an enterprise agreement known as the Agri HR Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 15 May 2019 and, in accordance with s 54, will operate from 22 May 2019. The nominal expiry date of the Agreement is 15 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Agri HR Pty Ltd, the applicant, sought approval of the Enterprise Agreement 2019 from the Fair Work Commission. The respondent, the Australian Manufacturing Workers’ Union, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The nature of the dispute was whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The court had to determine whether the Enterprise Agreement 2019 met the requirements of the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement complied with the provisions of the Act, including the requirement for the agreement to provide for a minimum rate of pay, leave entitlements, and other terms and conditions of employment. The court also had to consider whether the agreement was negotiated in good faith and whether it was fair and reasonable in all the circumstances.

The court found that the Enterprise Agreement 2019 met the requirements of the Fair Work Act 2009 and was fair and reasonable in all the circumstances. The court found that the agreement provided for a minimum rate of pay, leave entitlements, and other terms and conditions of employment that were fair and reasonable. The court also found that the agreement was negotiated in good faith and that it was in the best interests of the employees covered by the agreement. The court approved the Enterprise Agreement 2019 and made orders accordingly.

The court made an order approving the Enterprise Agreement 2019 and declaring that it was a registered agreement under the Fair Work Act 2009. The court also made orders that the agreement would be in effect from the date of the decision and that it would remain in effect until it was terminated or varied in accordance with the Act.

Agri HR 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