DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gen2 Farming Pty Ltd
(AG2018/2654)

GEN2 FARMING ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Gen2 Farming Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Gen2 Farming 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 Gen2 Farming Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The case involved Gen2 Farming Pty Ltd, which sought approval for the Gen2 Farming Enterprise Agreement 2018. The application was lodged with the Fair Work Commission. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while no opposing party contested the application. The Commission needed to determine if the agreement adhered to the statutory criteria for approval, particularly focusing on whether it provided for fair terms and conditions of employment.

The primary legal issues the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act and if it met the standard of being "fair and reasonable" as per the legislation. This involved assessing the agreement's terms in relation to minimum entitlements, the bargaining process, and whether it covered a genuine enterprise. The Commission also needed to consider if the agreement facilitated a productive workplace relationship.

The Fair Work Commission concluded that the Gen2 Farming Enterprise Agreement 2018 was fair and reasonable. The Commission found that the agreement provided for fair terms and conditions of employment, covered a genuine enterprise, and was made in good faith. The agreement was also deemed to facilitate a productive workplace relationship. Consequently, the Commission approved the application, confirming that the agreement met the necessary statutory criteria. This decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

Gen2 Farming 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