DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooloola Agriculture Centre Pty Ltd T/A Gympie Packhouse
(AG2018/2378)

GYMPIE PACKHOUSE ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Gympie Packhouse Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Gympie Packhouse Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooloola Agriculture Centre Pty Ltd T/A Gympie Packhouse. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and subject to the undertakings 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Cooloola Agriculture Centre Pty Ltd, trading as Gympie Packhouse, for the approval of the Gympie Packhouse Enterprise Agreement 2018. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for enterprise agreements to be made and approved. The applicant, Cooloola Agriculture Centre, sought to establish terms and conditions for its employees, including provisions related to hours of work, leave, and remuneration. The Commission was tasked with determining whether the agreement was a genuine enterprise agreement and whether it complied with the procedural and substantive requirements set forth in the legislation.

The legal issues before the Commission included whether the agreement was made by the employer and its employees in good faith, and whether the agreement was genuinely an enterprise agreement within the meaning of the Fair Work Act. Furthermore, the Commission needed to consider whether the agreement complied with the procedural requirements, including the provision of relevant information to employees, and whether it met the substantive requirements, such as not prejudicing the ability of employees to terminate their employment. The Commission also had to evaluate the fairness of the agreement's terms and conditions and its compliance with the minimum standards set out in the relevant awards and the National Employment Standards.

The Fair Work Commission, after reviewing the evidence and submissions, determined that the Gympie Packhouse Enterprise Agreement 2018 was a genuine enterprise agreement. The Commission found that the agreement was made in good faith and that it complied with both the procedural and substantive requirements of the Fair Work Act. The agreement was deemed to be fair and balanced, and it did not prejudice the ability of employees to terminate their employment. Consequently, the Commission approved the agreement, and it will now be in effect from the date of the approval. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable.

Cooloola Agriculture Centre Pty Ltd T/A Gympie Packhouse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established