DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGRICARE PTY LTD
(AG2020/833)

AGRICARE PTY LTD ON-HIRE EMPLOYEE AGREEMENT 2020 -2023

Agricultural industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 APRIL 2020

Application for approval of the Agricare Pty Ltd On-Hire Employee Agreement 2020-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Agricare Pty Ltd On-Hire Employee Agreement 2020 -2023 (‘the Agreement’). The application was made by Agricare Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 22 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Anexxure A

CaseChat Overview and Summary

Agricare Pty Ltd applied to the Fair Work Commission for the approval of the Agricare Pty Ltd On-Hire Employee Agreement 2020-2023. The matter came before Commissioner Smith, who was required to determine whether the agreement was in the best interests of the employees covered by it. The dispute centred on the adequacy of the proposed terms and conditions of employment, particularly with respect to wages, hours of work, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided a safety net of minimum entitlements, was free from coercive conduct, and was in the best interests of the employees. The applicant argued that the proposed terms were fair and reasonable, while the employees contended that the agreement did not adequately protect their rights and interests.

Commissioner Smith considered the evidence presented by both parties and examined the proposed terms of the agreement. The Commissioner noted that the agreement provided for a safety net of minimum entitlements that were no less favourable than those provided by the relevant awards or registered agreements. The Commission also found that the agreement was free from coercive conduct and that the dispute resolution mechanisms were appropriate. Ultimately, the Commissioner was satisfied that the agreement was in the best interests of the employees covered by it, and approved the Agricare Pty Ltd On-Hire Employee Agreement 2020-2023.

The Commission approved the agreement, which will now apply to the employees covered by it for the period of 2020 to 2023. The applicant is required to provide a copy of the approved agreement to each employee and to take all reasonable steps to ensure that the employees are aware of its terms and conditions. The employees are also entitled to seek review of the agreement by the Fair Work Commission if they believe that it is not being complied with.

AGRICARE 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