DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DFI Employment Pty Ltd
(AG2018/2818)

DFI EMPLOYMENT ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the DFI Employment 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 DFI Employment 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 DFI Employment 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

The matter before the Fair Work Commission involved an application by DFI Employment Pty Ltd for the approval of the DFI Employment Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the negotiation and drafting of the agreement between the employer and the employee representatives.

The primary legal issue before the commission was whether the agreement met the statutory requirements for registration as set out in the Fair Work Act. This involved examining whether the agreement contained all the prescribed minimum terms and conditions, whether it was genuinely negotiated, and whether it complied with procedural requirements such as notice provisions and the timelines for submission. The commission also needed to consider whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

In delivering its decision, the commission first noted that the agreement contained all the prescribed minimum terms and conditions required by the Fair Work Act. It found that the negotiation process was genuine and that the agreement had been appropriately drafted to reflect the outcomes of those negotiations. The commission also confirmed that all procedural requirements had been met, including the necessary notices and the timelines for submission. The agreement was examined for any terms that might be contrary to public policy, and none were found to be in breach of the Act. Consequently, the commission approved the DFI Employment Enterprise Agreement 2018 as a registered agreement.

DFI Employment 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