DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curino Farm Holdings Pty Ltd
(AG2018/5159)

CURINO FARM HOLDINGS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Curino Farm Holdings 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 Curino Farm Holdings 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 Curino Farm Holdings Pty Ltd. 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

Curino Farm Holdings Pty Ltd was the subject of an application for approval of an enterprise agreement, the Curino Farm Holdings Enterprise Agreement 2018, before the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers at the farm, as well as the process of negotiating and approving the agreement.

The primary legal issues addressed by the Commission were whether the agreement had been fairly negotiated and if it contained all the necessary terms and conditions as required by the Fair Work Act 2009. The Commission also had to consider if the agreement met the "better off overall test" and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the Commission found that the enterprise agreement had been fairly negotiated and contained all the required terms and conditions. The agreement was deemed to meet the "better off overall test," as it provided benefits to the employees that outweighed any potential disadvantages. Furthermore, the Commission determined that the agreement complied with the relevant legislation. Therefore, the Commission approved the Curino Farm Holdings Enterprise Agreement 2018.

Curino Farm Holdings 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