DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atta Farms Pty Ltd
(AG2018/5453)

ATTA FARMS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Atta Farms Pty Ltd 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 Atta Farms Pty Ltd 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 Atta Farms Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 matter involved the application for approval of the Atta Farms Pty Ltd Enterprise Agreement 2018, which was heard in the Fair Work Commission. The applicant, Atta Farms Pty Ltd, sought approval for an enterprise agreement that would govern the employment terms and conditions of its workers. The application was contested by the union, which raised several objections to the proposed agreement.

The legal issues before the Commission were primarily centred on whether the agreement provided for fair and reasonable terms for the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The union argued that the proposed agreement failed to adequately protect employees' rights and entitlements and did not sufficiently address issues such as wages, working conditions, and dispute resolution mechanisms.

The Commission examined the agreement in detail and considered the arguments presented by both parties. After carefully weighing the evidence and submissions, the Commission determined that the agreement did provide for fair and reasonable terms for the employees and was in compliance with the relevant statutory requirements. The Commission noted that the agreement contained provisions that addressed key employment issues and provided for a fair dispute resolution process. Consequently, the Commission approved the Atta Farms Pty Ltd Enterprise Agreement 2018.

Atta Farms 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