DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akers Employment Pty Ltd A.C.N. 628 643 738
(AG2018/5515)

AKERS EMPLOYMENT ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Akers Employment Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Akers Employment Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Akers Employment Pty Ltd A.C.N. 628 643 738. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Akers Employment Pty Ltd sought approval of the Akers Employment Enterprise Agreement 2018, which it had negotiated with a union representing its employees. The applicants argued that the agreement satisfied the legal requirements for approval under the Fair Work Act 2009. The union supported the application, while some employees objected, claiming the agreement did not adequately address certain issues.

The legal issues before the court involved whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary provisions, including minimum rates of pay, classification of employees, and other employment conditions. The court also had to consider whether the agreement was fair and whether it complied with the relevant provisions of the Act.

The court examined the contents of the agreement and the process through which it was negotiated. It found that the agreement was made in good faith, contained the necessary provisions, and was fair. The court concluded that the agreement met all the legal requirements for approval and, therefore, was valid. The objections raised by some employees did not undermine the overall fairness and compliance of the agreement.

The court approved the Akers Employment Enterprise Agreement 2018, and it became legally binding between the parties. The approval was effective from the date specified in the agreement, and the terms and conditions outlined within it were enforceable.

Akers Employment Pty Ltd A.C.N. 628 643 738

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established