Farm Pride North Pty Ltd T/A Farm Pride North Summary

[2024] FWCA 3849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Farm Pride North Pty Ltd T/A Farm Pride North

(AG2024/3871)

FARM PRIDE NORTH PTY LTD GREENDALE ENTERPRISE AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 NOVEMBER 2024

Application for approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2024 (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 T/A Farm Pride North (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 31 October 2024. 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 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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 11 November 2024. The nominal expiry date of the Agreement is 4 November 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Farm Pride North Pty Ltd T/A Farm Pride North applied to the Fair Work Commission for approval of the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2024. The application was made under section 231 of the Fair Work Act 2009. The parties involved in the dispute were Farm Pride North, the employer, and various employees, represented by the Australian Workers' Union. The primary nature of the dispute was to ensure that the proposed enterprise agreement met the requirements of the Fair Work Act, including providing for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, whether it provided for fair and reasonable terms, and whether it was likely to promote workplace harmony. Additionally, the Commission had to consider whether the agreement complied with the provisions of section 235 of the Fair Work Act, which requires that an agreement must not discriminate against any person on certain protected attributes, and whether it adequately provided for dispute resolution mechanisms. The Commission was also required to assess whether the agreement had been fairly negotiated and whether there was sufficient employee support for its approval.

In rendering its decision, the Fair Work Commission found that the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2024 did indeed contain all the prescribed minimum terms and conditions, provided for fair and reasonable terms, and was likely to promote workplace harmony. The Commission noted that the agreement was not discriminatory and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement had been fairly negotiated, as evidenced by the participation of the union and the employer, and that there was sufficient employee support for its approval. Accordingly, the Commission approved the agreement under section 231 of the Fair Work Act.

The final orders of the Fair Work Commission were that the Farm Pride North Pty Ltd Greendale Enterprise Agreement 2024 be approved and registered under the Fair Work Act. This decision marked the formal recognition of the agreement as a binding framework for the employment relationship between Farm Pride North and its employees, ensuring compliance with the statutory requirements and promoting fair work practices.

Farm Pride North Pty Ltd T/A Farm Pride North

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established