DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gundablue Farm Produce Pty Ltd
(AG2018/5203)

GUNDABLUE FARM PRODUCE ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Gundablue Farm Produce 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 Gundablue Farm Produce 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 Gundablue Farm Produce 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

In the Fair Work Commission, Gundablue Farm Produce Pty Ltd applied for the approval of the Gundablue Farm Produce Enterprise Agreement 2018. The agreement, if approved, would govern the employment terms of farm workers under the company. The application for approval arose as a result of negotiations between the employer and the union, which represented the workers. The dispute centred on whether the agreement complied with the relevant legislative provisions and adequately protected the rights and interests of the employees.

The key legal issues before the Commission were whether the agreement met the requirements set forth in the Fair Work Act 2009, including provisions relating to the terms and conditions of employment, the process by which the agreement was formed, and whether it provided for the protection of employee interests. The Commission also considered whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance, and whether it adequately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission examined the terms and conditions stipulated in the agreement, the process through which the agreement was negotiated and concluded, and the protections offered to the employees. It assessed the fairness of the provisions, taking into account the broader principles of industrial relations law and the specific context of the agricultural industry. The Commission found that the agreement did comply with the legislative requirements and provided sufficient protections for the employees, while also allowing for efficient and productive business operations. Based on this assessment, the Commission approved the Gundablue Farm Produce Enterprise Agreement 2018.

The Commission's approval of the agreement signifies its determination that the terms are fair and reasonable, and that the agreement appropriately addresses the needs and interests of both the employer and the employees. This decision ensures that the agreement will now form the basis for the employment conditions of the workers covered by the agreement.

Gundablue Farm Produce 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