DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride North Pty Ltd
(AG2015/755)

FARM PRIDE NORTH PTY LTD COWRA ENTERPRISE AGREEMENT 2015

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 7 MAY 2015

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

[1] On 31 March 2015 Farm Pride North Pty Ltd (Applicant) made an application for approval of the Farm Pride North Pty Ltd Cowra 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 written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings 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 14 May 2015. The nominal expiry date of the Agreement is 7 May 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 the Farm Pride North Pty Ltd Cowra Enterprise Agreement 2015 from the Fair Work Commission. The Fair Work Commission was asked to decide whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement complied with the procedural requirements for approval and whether it contained terms that were contrary to public policy or inconsistent with the safety provisions in the Fair Work Act. The Commission also had to consider whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the agreement met the procedural requirements for approval and did not contain terms that were contrary to public policy or inconsistent with the safety provisions in the Fair Work Act. The Commission also found that the agreement adequately protected employees' rights and interests. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission approved the Farm Pride North Pty Ltd Cowra Enterprise Agreement 2015, subject to certain conditions. These conditions included the requirement that the employer provide written notice to employees of the approval of the agreement and that the employer and employees comply with the terms of the agreement. The Commission also ordered that the agreement be registered with the Australian Industrial Relations Commission.

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