DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C Patane & J Patane & J.M Patane & M.S Patane T/A Wallaroo Produce Supplies
(AG2018/2837)

WALLAROO PRODUCE SUPPLIES ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Wallaroo Produce Supplies Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Wallaroo Produce Supplies Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C Patane & J Patane & J.M Patane & M.S Patane T/A Wallaroo Produce Supplies. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The parties to the proceedings were C Patane and J Patane and J.M Patane and M.S Patane, trading as Wallaroo Produce Supplies, and the Australian Building and Construction Commission. The dispute before the court was an application for approval of the Wallaroo Produce Supplies Enterprise Agreement 2018. The agreement in question was made between the applicants and the Construction, Forestry, Maritime, Mining and Energy Union. The applicants sought to have the agreement approved by the court as a safety net agreement under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement met the safety net provisions of the Act, including whether it provided for adequate minimum rates of pay, allowances, and entitlements. The court was required to consider whether the agreement complied with the relevant provisions of the Act and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to determine whether the agreement was in the best interests of the employees covered by it.

The court found that the agreement met the safety net provisions of the Act and was in the best interests of the employees. The court noted that the agreement provided for minimum rates of pay, allowances, and entitlements that were no less favourable than those provided for in the relevant award. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for rest breaks, overtime, and penalty rates. The court approved the agreement as a safety net agreement under the Act.

No further orders were made by the court. The agreement was approved as a safety net agreement, and it will now apply to the employees covered by it. The applicants may now proceed with implementing the agreement and ensuring that it is complied with by all parties. The employees covered by the agreement will now be entitled to the terms and conditions set out in the agreement, which provide a safety net of minimum standards for their employment.

C Patane & J Patane & J.M Patane & M.S Patane T/A Wallaroo Produce Supplies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established