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Ashleahy Pty Ltd

Ashleahy Pty Ltd

Case [2019] FWC 7200

Enterprise Agreement

Approval of Enterprise Agreement

Employment & Labour Law

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[2019] FWC 7200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ashleahy Pty Ltd
(AG2019/333)

COMMISSIONER MCKINNON

MELBOURNE, 17 OCTOBER 2019

Application for approval of the Dangleberry Farms Enterprise Agreement 2019 – single enterprise agreement – application dismissed.

[1] Ashleahy Pty Ltd made a single enterprise agreement with its employees known as the Dangleberry Farms Enterprise Agreement 2019 (the Agreement). It seeks that the Agreement be approved.

[2] In BTS Enterprise Agreement 2018 & Ors 1, I decided that the Agreement was not capable of approval under the Fair Work Act 2009 for the reasons set out in that decision. An opportunity for further submissions or undertakings was provided.2 No materials were received in the time allowed.

[3] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 6905.

2 Ibid.

Details

AGLC: Ashleahy Pty Ltd [2019] FWC 7200
Case: [2019] FWC 7200
Decision Date: 17 OCTOBER 2019

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Ashleahy Pty Ltd involved an application for the approval of the Dangleberry Farms Enterprise Agreement 2019. The dispute centred around whether the proposed agreement met the necessary legal requirements for a single enterprise agreement under the Fair Work Act 2009. The applicant, Ashleahy Pty Ltd, sought the court's approval of the agreement which it had negotiated with its employees.

The legal issues before the court included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly sections relating to the coverage of the agreement and its procedural fairness. Additionally, the court examined whether the agreement addressed the appropriate bargaining representatives and if it contained necessary clauses, such as those concerning minimum wages and other employment conditions.

The court found that the agreement did not meet the requirements of a single enterprise agreement, primarily due to deficiencies in the identification of bargaining representatives and procedural fairness. The court held that the agreement failed to demonstrate that all employees were appropriately represented in the bargaining process, and there was insufficient evidence of genuine bargaining. Consequently, the application for approval of the Dangleberry Farms Enterprise Agreement 2019 was dismissed. The court's decision emphasised the importance of strict compliance with the statutory framework governing enterprise agreements to ensure fairness and proper representation of all employees.

Orders