DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenview Farm Pty Ltd
(AG2018/7101)

GREENVIEW FARM ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Greenview Farm Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Greenview 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 Greenview Farm 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.2 – Contract of employment

However, noting clause 3 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenview Farm Pty Ltd sought approval of their Enterprise Agreement 2018, which aimed to regulate the employment terms of their employees. The Australian Building and Construction Commission, on behalf of certain employees, opposed the application, arguing that the agreement did not meet the requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement was suitable for approval.

The primary legal issue revolved around whether the Enterprise Agreement 2018 complied with the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made freely and fairly, without any duress or coercion, and whether it contained all the mandated minimum terms and conditions. The Commission also considered the extent to which the agreement provided fair and reasonable terms for the employees.

The Commission found that the agreement had been made in good faith and without coercion, and that it contained all the mandated minimum terms. However, the Commission noted that certain provisions of the agreement could potentially disadvantage some employees and recommended amendments to ensure fairness. Ultimately, the Commission approved the agreement, subject to the proposed amendments being implemented within a specified timeframe. These findings were communicated to the parties, and the agreement was approved, pending the implementation of the recommended changes.

Greenview Farm 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