Gunnee Feedlot Pty Ltd

[2014] FWCA 5303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunnee Feedlot Pty Ltd
(AG2014/1957)

GUNNEE FEEDLOT P/L AUSTRALIAN ENTERPRISE AGREEMENT 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 AUGUST 2014

Application for approval of the Gunnee Feedlot P/L Australian Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gunnee Feedlot P/L Australian Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 13 August 2014. The nominal expiry date of the Agreement is 31 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Gunnee Feedlot Pty Ltd applied for the approval of the Australian Enterprise Agreement 2014. This agreement, which had been negotiated with the employees, outlined the terms and conditions of employment for the workers at the feedlot. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "genuine" agreement reached through a proper bargaining process. This required the Commission to consider whether the agreement was genuinely negotiated, whether it complied with the procedural requirements, and if it contained minimum terms and conditions as prescribed by the Act. Furthermore, the Commission needed to determine if the agreement had been made in good faith and without coercion.

The Commission found that the agreement was genuinely negotiated and reached in good faith. It was also compliant with the procedural requirements set out in the Act, including the requirement for genuine bargaining. The Commission also determined that the agreement contained the minimum terms and conditions as mandated by the Fair Work Act. As such, the application for approval was successful.

Accordingly, the Fair Work Commission approved the Gunnee Feedlot Pty Ltd Australian Enterprise Agreement 2014, making it a legally binding agreement between the employer and the employees. This decision ensures that the terms and conditions outlined in the agreement are enforceable and provide a framework for the employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established