DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride North Pty Ltd
(AG2015/1267)

FARM PRIDE NORTH PTY LTD GREENDALE ENTERPRISE AGREEMENT 2015

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 18 JUNE 2015

Application for approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2015.

[1] On 28 May 2015 Farm Pride North Pty Ltd (Applicant) made an application for approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the employee bargaining representatives have indicated their acceptance of the undertaking.

[4] Subject to the undertaking referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 June 2015. The nominal expiry date of the Agreement is 17 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Farm Pride North Pty Ltd, an employer, sought approval of an enterprise agreement with its employees, who were represented by a union. The application was made to the Fair Work Commission, which was required to assess whether the agreement met the statutory requirements for approval. The legal issues before the Commission were whether the agreement contained the necessary clauses for its approval, including the requirement for employee representation and the prohibition of certain types of agreements. The Commission found that the agreement met the necessary requirements and approved it. The employer's application was successful, and the agreement was approved. The Commission noted that the agreement contained all the necessary clauses and that there were no grounds for refusal. The decision provides guidance on the requirements for the approval of enterprise agreements and the role of the Commission in assessing such agreements.

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