DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland Agricultural Services Pty Ltd
(AG2016/5017)

CENTRAL QUEENSLAND AGRICULTURAL SERVICES PTY LTD AGREEMENT 2016

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Central Queensland Agricultural Services Pty Ltd Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Queensland Agricultural Services Pty Ltd 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 Central Queensland Agricultural Services 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, 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 28 October 2016. The nominal expiry date of the Agreement is 20 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Central Queensland Agricultural Services Pty Ltd sought approval of the Central Queensland Agricultural Services Pty Ltd Agreement 2016. The applicant is an employer in the beef cattle industry, and the dispute concerns the terms and conditions of employment for its employees. The Commission was required to determine whether the agreement was appropriate for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions of employment that met the "better off overall test" and whether it was "protected action" under the Fair Work Act. The Commission needed to assess if the proposed agreement offered employees conditions that were no worse than, and in some respects better than, those provided under the applicable Award, and whether the agreement was made in good faith and for the purposes of advancing the economic, educational, or social interests of the employees.

The Commission concluded that the agreement met the "better off overall test" and was made in good faith. The Commission found that the proposed agreement provided for terms and conditions of employment that were no worse than, and in some respects better than, those provided under the applicable Award. The Commission also found that the agreement was made for the purpose of advancing the economic, educational, or social interests of the employees. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission approved the Central Queensland Agricultural Services Pty Ltd Agreement 2016, effective from the date of the decision. The parties were directed to give written notice of the approval to the Commission within seven days of the decision. The agreement will apply to the employees covered by it, and the parties are bound by its terms and conditions.

Central Queensland Agricultural Services 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