[2019] FWCA 1348

The attached document replaces the document previously issued with the above code on 8 February 2019.

The title of the Agreement within the Decision has been corrected to match that in the Agreement.

Associate to Commissioner McKinnon

Dated 12 March 2019

[2019] FWCA 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dicky Bill Farming Pty Ltd
(AG2018/5531)

DICKY BILL FARMING ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Dicky Bill Farming 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 Dicky Bill Farming 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 Dicky Bill Farming 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 case involved Dicky Bill Farming Pty Ltd, which applied for the approval of the Dicky Bill Farming Enterprise Agreement 2018. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the process by which the agreement was made and whether it satisfied the minimum standards set out in the Fair Work Act. The application was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the agreement was genuinely bargained and whether it complied with the mandatory provisions of the Fair Work Act. The Commission needed to determine if the agreement was made in good faith, if it was properly negotiated, and if it provided for minimum terms and conditions of employment that were not less favourable than those provided for in the relevant modern awards.

The Fair Work Commission found that the agreement was genuinely bargained and complied with the mandatory provisions of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and that it was the product of proper negotiation. The Commission also found that the agreement provided for terms and conditions of employment that were not less favourable than those provided for in the relevant modern awards. The application for approval was subsequently granted.

The Fair Work Commission approved the Dicky Bill Farming Enterprise Agreement 2018, subject to certain conditions. These conditions included the requirement that the agreement be implemented in accordance with the Fair Work Act and that any disputes arising from the agreement be resolved in accordance with the relevant dispute resolution procedures. The Commission also noted that any future changes to the agreement would need to be made in accordance with the same process and requirements.

Dicky Bill Farming 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