Clean Agriculture & International Tourism Pty Ltd

[2022] FWCA 4435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Clean Agriculture & International Tourism Pty Ltd

(AG2022/4904)

CAIT enterprise Agreement 2023

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 16 DECEMBER 2022

Application for approval of the CAIT Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the CAIT Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clean Agriculture & International Tourism Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 23 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clean Agriculture & International Tourism Pty Ltd (CAIT) applied for approval of their Enterprise Agreement 2023, which was made pursuant to the Fair Work Act 2009. The application was before the Fair Work Commission (FWC), an administrative tribunal established under the Fair Work Act. The application was made by the employer, CAIT, who sought to have the agreement, which was negotiated between the employer and the employees, approved by the FWC. This approval was necessary for the agreement to be enforceable under the Act.

The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act, specifically whether it was a "registered agreement" as defined in the Act. A registered agreement must be in writing, provide for the terms and conditions of employment, and not be contrary to public policy. The FWC had to consider if the agreement met these criteria and if it was made in accordance with the Act. The FWC also had to consider whether the agreement had been made freely and voluntarily by the parties and whether it complied with the procedural requirements of the Act.

The FWC found that the agreement met all the requirements of the Act. It was in writing, provided for the terms and conditions of employment, and was not contrary to public policy. The FWC was satisfied that the agreement had been made freely and voluntarily by the parties and that it complied with the procedural requirements of the Act. The FWC approved the agreement, making it a registered agreement and enforceable under the Act. The employer was authorised to give notice of the agreement to the employees, and the agreement would come into effect on the date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established