DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenellen Pty Ltd
(AG2018/2496)

GLENELLEN ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Glenellen 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 Glenellen 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 Glenellen 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

Glenellen Pty Ltd sought approval of the Glenellen Enterprise Agreement 2018 from the Fair Work Commission. The applicant, a company operating in the construction industry, proposed changes to employee conditions as part of the agreement. The dispute involved various employee representatives who contested certain provisions of the proposed agreement. The matter was heard and determined by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for employees. This involved examining provisions related to wages, penalty rates, hours of work, and other employment conditions. The Commission had to ensure that the agreement did not disadvantage employees and that it complied with relevant industrial laws.

After careful consideration of the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate wage increases and maintained essential employee protections. The Commission also concluded that the changes to working conditions were necessary and beneficial for the business, and did not unduly disadvantage the employees. Consequently, the Fair Work Commission approved the Glenellen Enterprise Agreement 2018.

The Fair Work Commission ordered that the Glenellen Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval allowed the applicant to implement the agreed changes to employee conditions as outlined in the agreement. The decision also provided for the continuation of the existing enterprise agreement until the new agreement took effect, ensuring a smooth transition for all parties involved.

Glenellen 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