DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baronio Holdings Pty Ltd
(AG2019/166)

BARONIO HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2019

Application for approval of the Baronio Holdings Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baronio Holdings Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baronio Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 24 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Baronio Holdings Pty Ltd applied for the approval of the Baronio Holdings Pty Ltd Enterprise Agreement 2019. The application was made by the employer, Baronio Holdings Pty Ltd, seeking the agreement to be made binding upon the employees covered by the agreement. The dispute centred around the terms and conditions of employment for the employees under the proposed agreement, including wages, hours of work, and other workplace arrangements.

The primary legal issues before the commission were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was fairly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the good faith bargaining provisions. Additionally, the commission considered if the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace.

The commission found that the agreement was fairly negotiated and contained the required minimum terms and conditions. The commission was satisfied that the parties had engaged in good faith bargaining, and that the agreement reflected a fair and efficient workplace. The commission also considered the submissions from the employees and their representatives, and found that the agreement was in their best interests. The commission approved the application and made the Baronio Holdings Pty Ltd Enterprise Agreement 2019 binding upon the employees.

Baronio Holdings 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