Agri Labour Australia Pty Ltd Summary

[2013] FWCA 2195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Agri Labour Australia Pty Ltd
(AG2013/5122)

AGRI LABOUR AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2012

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 12 APRIL 2013

Application for approval of the Agri Labour Australia Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Agri Labour Australia Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agri Labour Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to this decision.

[3] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement will be in accordance with cl 4 of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

Agri Labour Australia Pty Ltd recently applied to the Fair Work Commission for approval of its Enterprise Agreement 2012. The application involved a dispute between the company and its employees over the terms and conditions of employment, including wages, hours of work, and other related matters. The Fair Work Commission, being the body responsible for the approval of enterprise agreements, was tasked with assessing whether the agreement met the legal requirements and was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it met the statutory requirements under the Fair Work Act 2009. The Commission also considered whether the agreement was made in good faith and whether the necessary procedural requirements were met in its formation. Furthermore, the Commission assessed whether the agreement provided for a fair and equitable distribution of benefits and detriments between the parties.

After considering the evidence and arguments presented by both the company and the employees, the Fair Work Commission determined that the Enterprise Agreement 2012 was fair and reasonable. The Commission found that the agreement met the statutory requirements and was made in good faith, with the necessary procedural requirements being satisfied. The Commission approved the agreement, finding that it provided for a fair and equitable distribution of benefits and detriments between the parties and was in the best interests of the employees. The decision confirmed the terms and conditions of employment set out in the agreement, ensuring that the rights and obligations of both the company and its employees were legally recognised and enforceable.

Agri Labour Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established