Farmhaul Pty Ltd

[2020] FWCA 4433

[2020] FWCA 4433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Farmhaul Pty Ltd
(AG2020/2094)

FARMHAUL ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER HUNT	BRISBANE, 21 AUGUST 2020

Application for approval of the Farmhaul Enterprise Agreement 2020.

[1] Farmhaul Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the FARMHAUL ENTERPRISE AGREEMENT 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer and convened a conference involving the Employer and employee bargaining representatives on 10 August 2020. As a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings. I did not receive any correspondence from the employee bargaining representatives to my chambers in reply.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I note that the model flexibility term and model consultation term are taken to be terms of the Agreement and can be found at the end of the Agreement. I also note clause 14.4 of the Agreement, which provides that employees shall not receive less than 1.5% above the minimum applicable modern award entitlements for the time so worked in each pay period. On the undertaking provided by the Employer, the effect of that will require to undertake an analysis each pay period against both the Road Transport & Distribution Award 2020 and the Road Transport (Long Distance Operations) Award 2020, as applicable.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is four years from the date of approval per clause 4 of the Agreement.

COMMISSIONER

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Annexure A: