DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EL Agriculture Pty Ltd T/A EL Agriculture
(AG2018/521)

EL AGRICULTURE PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the EL Agriculture Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EL Agriculture Pty Ltd 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 EL Agriculture Pty Ltd T/A EL Agriculture. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] 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 25 June 2018. The nominal expiry date of the Agreement is 17 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, EL Agriculture Pty Ltd trading as EL Agriculture, applied to the Fair Work Commission for the approval of the EL Agriculture Pty Ltd Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment of certain employees of the company, specifically those who were part of the pastoral workforce.

The primary legal issue before the Commission was whether the enterprise agreement in question met the criteria for approval as set out in the Fair Work Act 2009. This included ensuring that the agreement did not prejudice the resolution of industrial disputes on terms less favourable than those provided by the relevant modern award, and that it provided for a streamlined procedure for the resolution of future disputes. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy or that failed to meet the requirements for procedural fairness in its creation.

The Commission found that the enterprise agreement did not contain any terms that were less favourable than those provided by the relevant modern award and that it contained appropriate streamlined dispute resolution procedures. The Commission also determined that the agreement did not contain any terms contrary to public policy and that the bargaining process had been conducted in a manner that met the requirements for procedural fairness. As a result, the Commission approved the enterprise agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009.

As a consequence of the approval, the EL Agriculture Pty Ltd Enterprise Agreement 2018 is now a legally binding document, setting out the terms and conditions of employment for the relevant employees. The agreement will remain in force until it is terminated or replaced by a new agreement.

EL Agriculture Pty Ltd T/A EL Agriculture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established