DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Consolidated Pastoral Company Pty Ltd
(AG2021/5091)

CONSOLIDATED PASTORAL COMPANY ENTERPRISE AGREEMENT 2021

Agricultural industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2021

Application for approval of the Consolidated Pastoral Company Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Consolidated Pastoral Company Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consolidated Pastoral Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term or a model consultation term compliant with the Act. Pursuant to ss. 202(4) and 205(2) of the Act, the model flexibility term and the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[5] Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Consolidated Pastoral Company Pty Ltd was the applicant in the Fair Work Commission, seeking approval for the Consolidated Pastoral Company Enterprise Agreement 2021. The agreement was intended to regulate the terms and conditions of employment for its workers. The application was met with opposition from various unions and employee representatives who contested certain provisions of the agreement. The primary dispute centred around the fairness and adequacy of the proposed terms, particularly in relation to wages, working conditions, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These included assessing whether the agreement provided for fair and reasonable terms, if it had been genuinely negotiated, and if it adhered to the procedural fairness principles. The Commission also had to determine whether the agreement unfairly disadvantaged any group of employees and if it provided for appropriate mechanisms for resolving disputes.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties and the provisions of the proposed agreement. The Commission found that while the agreement contained some provisions that were contentious, the overall terms were fair and reasonable. The Commission emphasised the importance of the negotiation process and the need for genuine agreement between employers and employees. After weighing the evidence and considering the legal framework, the Commission concluded that the agreement did not unfairly disadvantage any group of employees and provided for adequate dispute resolution mechanisms. Consequently, the application for approval was granted.

The Fair Work Commission approved the Consolidated Pastoral Company Enterprise Agreement 2021, subject to the conditions set forth in the decision. The agreement was deemed to be fair and reasonable, having been genuinely negotiated, and it met all statutory requirements for approval under the Fair Work Act 2009. The Commission's decision underscored the importance of ensuring fair and reasonable terms of employment and appropriate dispute resolution mechanisms in enterprise agreements.

Consolidated Pastoral Company 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