DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FJ Lenne Pty Ltd T/A FJ Lenne Pty Ltd
(AG2018/2974)

FJ LENNE PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2018

Application for approval of the FJ Lenne Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FJ Lenne Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FJ Lenne Pty Ltd T/A FJ Lenne Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 25 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FJ Lenne Pty Ltd, trading as FJ Lenne Pty Ltd, applied to the Fair Work Commission for the approval of the FJ Lenne Pty Ltd Enterprise Agreement 2018. The application was made in response to the company's desire to establish terms and conditions of employment for its employees that would be better suited to its operational needs, while also considering the rights and interests of the employees. The legal issues before the court included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it had been negotiated in good faith.

The court examined whether the agreement satisfied the legislative criteria, focusing particularly on the "better off overall test" which requires that the employees are not worse off financially under the new agreement. The court also assessed whether the agreement had been negotiated in good faith, taking into account the conduct of the parties during the negotiation process. After reviewing the evidence and submissions from both parties, the court found that the agreement met the statutory requirements. It determined that the employees were indeed better off overall under the new terms and that the negotiation process had been conducted in good faith.

Consequently, the court approved the FJ Lenne Pty Ltd Enterprise Agreement 2018. The decision confirmed that the agreement could proceed as a legally binding enterprise agreement, effective from the date of approval. The terms set out in the agreement would now govern the employment conditions for the relevant employees, reflecting a balance between the operational needs of the employer and the rights of the employees.

FJ Lenne Pty Ltd T/A FJ Lenne 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