DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Country Choice Pty Ltd
(AG2016/2315)

AUSTRALIAN COUNTRY CHOICE PROPERTIES ENTERPRISE AGREEMENT 2016

Agricultural industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MARCH 2016

Application for approval of the Australian Country Choice Properties Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Choice Properties Enterprise Agreement 2016 (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 Pty 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 18 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission heard an application by Australian Country Choice Pty Ltd for the approval of the Australian Country Choice Properties Enterprise Agreement 2016. The application involved employees who were classified as either general employees or retail employees, with the agreement covering various terms and conditions of employment. The primary dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for approval and registration. The employees argued that the agreement did not adequately cover certain provisions, while the employer contended that it had negotiated in good faith and that the agreement was fair and reasonable.

The legal issues the court needed to resolve included whether the agreement was a genuine enterprise agreement, whether it met the "better off overall test," and if the agreement had been negotiated in good faith. The court also had to consider whether the agreement provided for a proper process for the resolution of employee disputes and if it adequately covered all the necessary terms and conditions. The focus was on ensuring that the agreement was fair and reasonable and that it complied with the statutory requirements for enterprise agreements.

The Fair Work Commission found that the agreement was genuine, having been negotiated between the employer and the relevant employee representatives. The court determined that the agreement satisfied the better off overall test, as it provided for terms and conditions that were no less favourable than the applicable awards or previous agreements. The court also concluded that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The dispute resolution process outlined in the agreement was deemed adequate, and all necessary terms and conditions were covered. Consequently, the application for approval was granted, and the agreement was registered.

In its decision, the Fair Work Commission approved the Australian Country Choice Properties Enterprise Agreement 2016, confirming that it met the statutory requirements and was fair and reasonable. The agreement was registered, and the employees and employer were bound by its terms and conditions. This outcome ensured that the parties would be governed by the agreed-upon terms moving forward, with a clear framework for resolving any future disputes.

Australian Country Choice 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