DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHM Pastoral Pty Ltd & Commonwealth Hill Proprietary Limited & JHM Pastoral Pty Ltd
(AG2018/7099)

JUMBUCK PASTORAL ENTERPRISE AGREEMENT (NORTHERN CATTLE OPERATIONS) 2018

Agricultural industry
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Jumbuck Pastoral Enterprise Agreement (Northern Cattle Operations) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jumbuck Pastoral Enterprise Agreement (Northern Cattle Operations) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHM Pastoral Pty Ltd & Commonwealth Hill Proprietary Limited & JHM Pastoral 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 7 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CHM Pastoral Pty Ltd, Commonwealth Hill Proprietary Limited, and JHM Pastoral Pty Ltd, which brought an application for the approval of the Jumbuck Pastoral Enterprise Agreement (Northern Cattle Operations) 2018 before the Fair Work Commission. The application pertained to the approval of the enterprise agreement, which was proposed to regulate the employment conditions of the employees within the Northern Cattle Operations.

The court was tasked with determining whether the agreement fulfilled the legal requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the provisions of the Act, whether it contained the necessary procedural fairness, and whether it met the criteria for being a "better-off overall test" (BOOT). The court also had to consider whether the agreement had been made in good faith and without coercion, as well as if it provided for a fair and reasonable terms of employment.

In its decision, the Fair Work Commission found that the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement had been made in accordance with the relevant provisions of the Act and that it contained procedural fairness. The Commission also found that the agreement met the BOOT criteria, providing fair and reasonable terms of employment for the employees within the Northern Cattle Operations. The Commission was satisfied that the agreement had been made in good faith and without coercion, and therefore approved the application for the agreement's approval.

The Fair Work Commission approved the application for the approval of the Jumbuck Pastoral Enterprise Agreement (Northern Cattle Operations) 2018, subject to certain conditions and modifications. The agreement was approved with the specified modifications, ensuring compliance with the requirements of the Fair Work Act 2009.

CHM Pastoral Pty Ltd & Commonwealth Hill Proprietary Limited & JHM Pastoral 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