DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Artemis Argriculture Pty Ltd T/A Bothkamp Australia Farm
(AG2018/2375)

BOTHKAMP AUSTRALIA FARM ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Bothkamp Australia Farm 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 Bothkamp Australia Farm 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 Artemis Argriculture Pty Ltd T/A Bothkamp Australia Farm. 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

The case before the court involved an application by Artemis Agriculture Pty Ltd, trading as Bothkamp Australia Farm, for approval of the Bothkamp Australia Farm Enterprise Agreement 2018. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission, the relevant body to hear such applications, was the tribunal in this matter.

The primary legal issues the Commission had to resolve were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it had been genuinely negotiated, and whether it contained the necessary certification details. The Commission also needed to consider the impact of the agreement on the employees' rights and protections.

In its reasoning, the Commission examined the terms of the agreement in detail, assessing whether they complied with the statutory requirements set out in the Fair Work Act. The Commission considered the evidence provided by both parties and the implications of the agreement for the employees' working conditions. The Commission found that the agreement did not adequately address certain aspects of the employees' rights, including their entitlements to leave and the conditions under which they could be required to work overtime. As a result, the Commission determined that the agreement did not meet the necessary criteria for approval.

Consequently, the Commission did not grant approval to the Bothkamp Australia Farm Enterprise Agreement 2018. The decision was based on the conclusion that the agreement failed to ensure fair and reasonable terms and conditions of employment, thereby not meeting the statutory requirements for approval.

Artemis Argriculture Pty Ltd T/A Bothkamp Australia Farm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established