DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Desert Farms Pty Ltd
(AG2018/2492)

DESERT FARMS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Desert Farms 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 Desert Farms 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 Desert Farms 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

Desert Farms Pty Ltd sought approval of the Desert Farms Enterprise Agreement 2018 before the Fair Work Commission. The dispute centred around the terms and conditions of employment in the pastoral industry, including pay rates, working conditions, and dispute resolution mechanisms. The company argued that the agreement was necessary to ensure the sustainability and competitiveness of their operations, while the union representing the employees contested several provisions, claiming they were unfair and did not adequately protect the workers.

The Fair Work Commission had to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a genuine agreement, if it provided for a fair safety net, and if it was procedurally fair. The commission examined the negotiation process, the terms of the agreement, and the impact on the employees. It was crucial to balance the rights of the employer to manage their business with the rights of the employees to fair and just working conditions.

After a thorough review, the commission found that the agreement met the necessary criteria. The negotiation process was deemed procedurally sound, and the terms, while not perfect, were considered fair and reasonable in the context of the pastoral industry. The commission approved the agreement, recognising the unique challenges faced by employers in remote locations and the need for flexibility in employment conditions. The decision emphasised the importance of reaching agreements that are practical and sustainable for both parties. The final orders included the approval of the Desert Farms Enterprise Agreement 2018, subject to the specific conditions outlined in the commission's decision.

Desert Farms 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