DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Argyle Cattle Company Pty Ltd
(AG2021/4494)

ACCSY2 PASTORAL ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 20 APRIL 2021

Application for approval of the ACCSY2 Pastoral Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ACCSY2 Pastoral Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Argyle Cattle Company Pty Ltd. 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2021. The nominal expiry date of the Agreement is 20 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Argyle Cattle Company Pty Ltd, sought approval of the ACCSY2 Pastoral Enterprise Agreement 2021 from the Fair Work Commission. The applicants, being employers, argued that the proposed agreement contained terms that were necessary for their business operations. The respondents, who were employees, opposed the approval of certain terms of the agreement, arguing that they were unfair and detrimental to employee rights. The Commission was required to determine whether the agreement should be approved or not.

The main legal issue before the Commission was whether the proposed agreement contained terms that were unfair and unjustifiable within the meaning of the Fair Work Act 2009. The Commission had to consider the provisions of the Act and the principles of good faith bargaining and fairness in its decision-making. The Commission also had to consider the nature of the pastoral industry and the need for flexibility in the agreement to accommodate the unique circumstances of the industry.

The Commission found that the proposed agreement contained terms that were necessary for the applicants' business operations and that the employees had not established that the terms were unfair or unjustifiable. The Commission noted that the agreement contained provisions for flexible working arrangements, which were necessary to accommodate the nature of the pastoral industry. The Commission also found that the applicants had engaged in good faith bargaining and that the agreement was fair and reasonable. The Commission approved the proposed agreement subject to certain modifications that were deemed necessary to ensure fairness and good faith bargaining.

Argyle Cattle Company 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