DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Como Glasshouse No. 2 Pty Ltd
(AG2017/5614)

PERFECTION TWO WELLS ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2018

Application for approval of the Perfection Two Wells Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Perfection Two Wells Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Como Glasshouse No. 2 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

Como Glasshouse No. 2 Pty Ltd applied to the Fair Work Commission for approval of the Perfection Two Wells Enterprise Agreement 2017. The agreement was made between the company and the Australian Manufacturing Workers' Union, which represented the employees of the company. The primary dispute was whether the agreement complied with the relevant sections of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements for approval under section 233 of the Act, particularly focusing on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The company argued that the agreement was fairly negotiated and contained reasonable terms, while the union supported the agreement, stating that it had been reached after good faith bargaining.

The Commission found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission considered the process of negotiation, the nature of the agreement, and the context in which it was made. The agreement was deemed to comply with the requirements of the Act, and thus, the Commission approved the Perfection Two Wells Enterprise Agreement 2017. The Fair Work Commission's decision was that the application for approval of the agreement should be granted.

Como Glasshouse No. 2 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