DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gray Australia Pty Ltd as trustee for The Gray Family Trust T/A Ceres Farm
(AG2018/2112)

CERES FARM ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Ceres Farm 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 Ceres Farm 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 Gray Australia Pty Ltd as trustee for The Gray Family Trust T/A Ceres Farm. 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

Annexure A

1 [2019] FWC 1016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Gray Australia Pty Ltd as trustee for The Gray Family Trust T/A Ceres Farm applied to the Fair Work Commission for approval of the Ceres Farm Enterprise Agreement 2018. The respondent, the Australian Workers' Union, contested the application on various grounds, including that the agreement did not fairly and properly provide for the matters it covered. The Commission was required to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained appropriate provisions for the matters it covered and whether it was free from any unlawful content. The Commission examined the submissions from both parties, including evidence and arguments related to the fairness and compliance of the agreement with the relevant legislative provisions. The primary focus was on whether the agreement provided for the employees' remuneration and conditions of employment in a manner that was fair and properly reflected the terms and conditions of employment.

The Commission concluded that the agreement did not adequately provide for the employees' remuneration and conditions of employment. The Commission found that the agreement failed to address critical aspects of the employees' entitlements, including allowances and overtime provisions. Furthermore, the Commission determined that the agreement contained provisions that were inconsistent with the Fair Work Act and the National Employment Standards. Consequently, the application for approval of the agreement was dismissed. The Commission did not approve the Ceres Farm Enterprise Agreement 2018 due to its shortcomings in adequately providing for the employees' entitlements and its inconsistency with the Fair Work Act.

Gray Australia Pty Ltd as trustee for The Gray Family Trust T/A Ceres Farm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established