Australian Livestock Company Pty Ltd T/A N/A Summary

[2023] FWCA 1757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Livestock Company Pty Ltd T/A N/A

(AG2023/1278)

AUSTRALIAN LIVESTOCK COMPANY ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER P RYAN	SYDNEY, 16 JUNE 2023

Application for approval of the Australian Livestock Company Enterprise Agreement 2023

Australian Livestock Company Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Australian Livestock Company Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Livestock Company, trading as [Name Not Applicable], brought an application before the Fair Work Commission for the approval of the Australian Livestock Company Enterprise Agreement 2023. The applicant sought to have the agreement, which was negotiated with the Australian Workers Union, formally approved and registered. The union represented employees of the company, and the dispute centred around the terms and conditions of employment outlined in the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved assessing if the agreement covered all necessary aspects, such as minimum wages, penalty rates, leave provisions, and other conditions of employment. The Commission also had to ensure that the agreement met the procedural fairness requirements, including proper negotiation processes and adequate disclosure of relevant information.

In examining the agreement, the Commission considered the fairness test under section 234 of the Fair Work Act, which mandates that an agreement must not be less favourable than the applicable award or safety net. The Commission found that the agreement met all statutory requirements and adequately covered the terms and conditions of employment without disadvantaging any party. The negotiation process was deemed to be fair and transparent, with both parties having access to necessary information and an opportunity to contribute to the agreement's terms.

The Fair Work Commission approved the Australian Livestock Company Enterprise Agreement 2023 and directed its registration with the Fair Work Ombudsman. This decision ensures that the agreement will provide a legally binding framework for the employment conditions of the company's workers, reflecting the negotiated terms and statutory minima.

Australian Livestock Company Pty Ltd T/A N/A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established