Country Bumpkins NSW Pty Ltd

[2013] FWCA 7195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Country Bumpkins NSW Pty Ltd
(AG2013/2576)

COUNTRY BUMPKINS ENTERPRISE AGREEMENT

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 20 SEPTEMBER 2013

Application for approval of the Country Bumpkins Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Country Bumpkins Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Country Bumpkins NSW Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which corrects a cross-referencing error in clause 19 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 27 September 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Country Bumpkins NSW Pty Ltd applied to the Fair Work Commission for approval of the Country Bumpkins Enterprise Agreement, which outlined the terms and conditions of employment for its employees. The applicants sought to have the agreement approved as a modern award, replacing the existing relevant award. The application was opposed by the Retail and Fast Food Workers Union NSW & ACT, which argued that the agreement did not meet the statutory requirements for approval.

The central legal issues before the Fair Work Commission were whether the proposed agreement was a "genuine" enterprise agreement and whether it contained the necessary provisions to be approved as a modern award. The commission had to assess whether the agreement was negotiated in good faith, covered a sufficient number of employees, and contained the minimum terms and conditions required by law. The commission also had to consider whether the agreement was consistent with the public interest and did not undermine the existing award.

The Fair Work Commission found that the Country Bumpkins Enterprise Agreement was a genuine agreement that had been negotiated in good faith and covered a sufficient number of employees. The commission determined that the agreement contained the minimum terms and conditions required by law and was consistent with the public interest. The commission also found that the agreement did not undermine the existing award but provided better conditions for the employees. The commission approved the application and certified the agreement as a modern award, effective from the date of the decision.

The Fair Work Commission certified the Country Bumpkins Enterprise Agreement as a modern award, replacing the existing relevant award. The agreement was to be in effect from the date of the decision and would apply to the employees covered by the agreement. The commission also ordered that the agreement be published on its website and that copies be provided to the parties involved in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established