Commonwealth Hill Pty Ltd T/A Jumbuck Pastoral

[2020] FWCA 3545

[2020] FWCA 3545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth Hill Pty Ltd T/A Jumbuck Pastoral
(AG2020/1443)

JUMBUCK PASTORAL ENTERPRISE AGREEMENT (SOUTHERN SHEEP OPERATIONS) 2020

Agricultural industry
DEPUTY PRESIDENT DEAN	SYDNEY, 6 JULY 2020

Application for approval of the Jumbuck Pastoral Enterprise Agreement (Southern Sheep Operations) 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jumbuck Pastoral Enterprise Agreement (Southern Sheep Operations) 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commonwealth Hill Pty Ltd T/A Jumbuck Pastoral. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] Clause 17.1.2 of the Agreement makes provision for deductions which in my view may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] I further observe that clauses 9.1, 11.2.3(c) and 17.1 of the Agreement, relating to weekly ordinary hours, annual leave payment and notice of termination respectively, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2020. The nominal expiry date of the Agreement is 5 July 2024.

DEPUTY PRESIDENT

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Annexure A