DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G.W. and C.H. Ramsay Family Partnership
(AG2016/5117)

GW AND CH RAMSAY FAMILY PARTNERSHIP ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the GW and CH Ramsay Family Partnership Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GW and CH Ramsay Family Partnership Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.W. and C.H. Ramsay Family Partnership. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 11 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for approval of the GW and CH Ramsay Family Partnership Enterprise Agreement 2016. The applicant, GW and CH Ramsay Family Partnership, sought approval of the agreement under the Fair Work Act 2009. The dispute arose from disagreements between the partnership and the union representing the employees regarding the terms of the agreement.

The legal issues before the court included whether the agreement provided for the fair remuneration of employees, complied with the relevant legislative provisions, and whether it was in the best interests of the employees. The union argued that the agreement did not provide fair remuneration and did not comply with the legislative provisions. The partnership argued that the agreement was fair and complied with the legislative provisions.

The court found that the agreement provided for fair remuneration and complied with the legislative provisions. The court considered the evidence presented by both parties and found that the agreement was in the best interests of the employees. The court approved the agreement and noted that the partnership had made efforts to consult with the union and reach a fair agreement. The court emphasised the importance of good faith bargaining and the need for parties to reach an agreement that is fair and in the best interests of the employees. The partnership's application for approval of the agreement was successful.

G.W. and C.H. Ramsay Family Partnership

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established