DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agri International Pty Ltd T/A Willeroo Station
(AG2016/1649)

AGRI INTERNATIONAL ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 25 AUGUST 2016

Application for approval of the Agri International Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Agri International Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agri International Pty Ltd t/a Willeroo Station. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 25 August 2016 and, in accordance with s.54, will operate from 1 September 2016. The nominal expiry date of the Agreement is 25 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Agri International Pty Ltd T/A Willeroo Station applied to the Fair Work Commission for approval of the Agri International Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for workers in the beef cattle industry. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a minimum rate of pay that met or exceeded the safety net and whether the agreement contained provisions that were contrary to the public interest. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms and whether it allowed for adequate consultation between the employer and employees.

After reviewing the agreement and hearing submissions from both parties, the Commission found that the agreement met the criteria for approval. The agreement provided for a minimum rate of pay that met the safety net and included provisions for dispute resolution and consultation. The Commission concluded that the agreement was in the best interests of the employees and did not contain any provisions that were contrary to the public interest.

The Fair Work Commission approved the Agri International Enterprise Agreement 2016. The approval ensures that the workers at Willeroo Station are provided with fair and reasonable terms and conditions of employment, including adequate pay and dispute resolution mechanisms. The decision sets a precedent for future enterprise agreements in the beef cattle industry and reinforces the importance of fair and reasonable terms of employment for all workers.

Agri International Pty Ltd T/A Willeroo Station

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established