F & M Casella Family Trust T/A Casella Management Pty Ltd

[2022] FWCA 3579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

F & M Casella Family Trust T/A Casella Management Pty Ltd

(AG2022/4112)

Casella Management Enterprise Agreement 2022

Wine industry
COMMISSIONER O'NEILL	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Casella Management Enterprise Agreement 2022

Casella Management Pty Ltd has applied for approval of an enterprise agreement known as the Casella Management Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Agreement lodged contained an error where clause 9.2 a) erroneously referred to the year 2012 instead of 2022. The Employer filed an amended page of the Agreement on 13 October 2022. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

I observe that clause 17 c) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 19 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia was asked to consider the approval of the Casella Management Enterprise Agreement 2022, which was presented by F & M Casella Family Trust, trading as Casella Management Pty Ltd. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, lodged the application for the court's approval of the agreement, which was a proposed enterprise agreement between the employer and the union. The union argued that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009. The employer did not oppose the approval of the agreement.

The legal issues before the court involved whether the proposed agreement was a genuine enterprise agreement and whether it met the requirements for approval under the Fair Work Act. The court had to determine if the agreement was made in good faith and whether it covered the appropriate employees. Additionally, the court considered whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act.

The court found that the agreement was genuine and had been made in good faith. It was also established that the agreement covered the appropriate employees and contained the necessary minimum terms and conditions. The court approved the Casella Management Enterprise Agreement 2022, confirming that it met the criteria for approval under the Fair Work Act. The union's application for the approval of the agreement was successful, and the agreement was subsequently registered.

The court's decision confirmed the approval of the Casella Management Enterprise Agreement 2022, with the union's application being successful. The agreement was registered, and the parties were bound by the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established