Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership

[2022] FWCA 3347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership

(AG2022/3874)

Australian Country Choice Feedlot Enterprise Agreement 2022

Agricultural industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 SEPTEMBER 2022

Application for approval of the Australian Country Choice Feedlot Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Country Choice Feedlot Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 10.3 – Withholding of monies where employee fails to give the required notice.
· Clause 10.7 – Abandonment of employment insofar as s.117 of the Act applies.

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. In accordance with the undertaking provided, the nominal expiry date of the Agreement is 28 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Australian Country Choice Feedlots Pty Ltd as general partner of the Australian Country Choice Feedlots Limited Partnership, the Fair Work Commission was called upon to assess the application for the approval of the Australian Country Choice Feedlot Enterprise Agreement 2022. The dispute primarily revolved around the terms and conditions of employment within the feedlot operations, focusing on the proposed agreement between the employer and the employees' union. The commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the commission involved scrutinising whether the proposed agreement was fair and reasonable, taking into account various statutory criteria such as procedural fairness, the avoidance of unnecessary complexity, and whether it provided for minimum wages and conditions. Additionally, the commission needed to determine whether the agreement met the requirements for being a simple, streamlined, and effective industrial instrument. The fairness of the agreement, particularly in terms of ensuring it did not undermine the entitlements of employees, was also a critical consideration.

The commission carefully reviewed the submissions from both parties, examining the procedural fairness of the agreement formation process and the substantive fairness of the terms proposed. After assessing the evidence and submissions, the commission found that the agreement was procedurally fair and met the requirements for being a simple, streamlined, and effective industrial instrument. The commission concluded that the agreement was fair and reasonable, providing for adequate minimum wages and conditions while ensuring it did not undermine the entitlements of employees.

The Fair Work Commission approved the Australian Country Choice Feedlot Enterprise Agreement 2022, finding it met all necessary statutory criteria and was fair and reasonable. This decision effectively formalises the terms and conditions of employment for the employees within the feedlot operations under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established