DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eric Miles and Birgit Schade as trustees for the Shelford Downs Family Trust T/A Shelford Downs
(AG2018/7312)

SHELFORD DOWNS ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2019

Application for approval of the Shelford Downs Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shelford Downs Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eric Miles and Birgit Schade as trustees for the Shelford Downs Family Trust T/A Shelford Downs. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Eric Miles and Birgit Schade, who acted as trustees for the Shelford Downs Family Trust trading as Shelford Downs. They applied to the Fair Work Commission for approval of the Shelford Downs Enterprise Agreement 2019. The application was contested by the National Tertiary Education Union (NTEU). The central issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically if it was made in good faith and if it contained the necessary minimum entitlements.

The court examined whether the agreement was appropriately negotiated and if it satisfied the good faith requirements. The NTEU argued that the agreement was not made in good faith and did not include adequate minimum entitlements. The trustees for Shelford Downs asserted that the agreement was negotiated in good faith and contained all necessary minimum entitlements. The court deliberated on the evidence presented and the procedural fairness of the negotiation process. It determined that the agreement was indeed made in good faith and contained the requisite minimum entitlements, thereby complying with the statutory obligations under the Fair Work Act.

Following this analysis, the court approved the enterprise agreement, finding it to be fair and reasonable. The trustees for Shelford Downs were granted the approval they sought, enabling the agreement to be implemented. The court's decision was based on a detailed assessment of the negotiation process and the content of the agreement, ensuring it met the legal standards set out in the Fair Work Act.

Eric Miles and Birgit Schade as trustees for the Shelford Downs Family Trust T/A Shelford Downs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established