DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride North Pty Ltd
(AG2020/650)

FARM PRIDE NORTH PTY LTD GREENDALE ENTERPRISE AGREEMENT 2019

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 MAY 2020

Application for approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Farm Pride North Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pastoral Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2020. The nominal expiry date of the Agreement is 18 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Farm Pride North Pty Ltd, the applicant, sought approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2019 from the Fair Work Commission. The respondent, United Workers Union, opposed the application on various grounds, including the adequacy of the agreement in addressing certain workplace issues. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "bargaining agreement" as defined by the Act, whether it was made in good faith, and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission had to consider whether the agreement adequately covered the relevant employees and whether it provided appropriate terms and conditions of employment.

The Commission found that the agreement was a genuine bargaining agreement made in good faith and met the procedural requirements of the Act. The Commission noted that while the Union had raised concerns about the agreement's provisions, these were not sufficient to invalidate the agreement. The Commission was satisfied that the agreement provided appropriate terms and conditions of employment and adequately covered the relevant employees. Accordingly, the Commission approved the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2019.

The Fair Work Commission approved the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2019, finding that it met all the necessary criteria under the Fair Work Act 2009. The Commission emphasised that the agreement was a genuine bargaining agreement made in good faith and complied with the procedural requirements of the Act. The Commission also found that the agreement provided appropriate terms and conditions of employment and adequately covered the relevant employees.

Farm Pride North 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