DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Bay Lobster Producers Ltd
(AG2017/4825)

AUSTRALIAN BAY LOBSTER PRODUCERS LIMITED COLLECTIVE AGREEMENT 2017

Aquaculture
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2018

Application for approval of the Australian Bay Lobster Producers Limited Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bay Lobster Producers Limited Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Bay Lobster Producers Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 19 April 2018. The nominal expiry date of the Agreement is 19 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Bay Lobster Producers Limited was the subject of an application to the Fair Work Commission for approval of a collective agreement between the company and its employees. The dispute arose from negotiations between the company and the employees' union, with the union seeking various terms and conditions of employment. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for a fair and reasonable outcome for the employees, and whether it complied with the statutory provisions of the Act. The Commission considered the principles of good faith bargaining, the need for procedural fairness, and the requirement for the agreement to be in writing. In its decision, the Commission found that the agreement was fair and reasonable, and it complied with the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and provided for procedural fairness. The Commission also found that the agreement contained provisions that were consistent with the principles of the Act, including provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The Commission approved the agreement, and it became a legally binding enterprise agreement between the company and its employees. The Commission's decision was based on its finding that the agreement provided for a fair and reasonable outcome for the employees, and it complied with the requirements of the Act. The Commission's decision was binding on the parties and could not be appealed.

Australian Bay Lobster Producers Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established