DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Halt for Holts Pty Ltd
(AG2018/5069)

HALT FOR HOLTS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Halt for Holts Pty Ltd 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 Halt for Holts Pty Ltd 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 Halt for Holts 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, Halt for Holts Pty Ltd, an employer, applied for the approval of the Halt for Holts Pty Ltd Enterprise Agreement 2018. The applicants sought to have the agreement registered, which would provide for the terms and conditions of employment for employees in the enterprise. The application was contested by the Fair Work Ombudsman, who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement was a "genuine" agreement and whether it met the "better off overall test" as required by the Fair Work Act. The Commission had to consider whether the agreement was genuinely negotiated between the parties and whether it provided for terms and conditions that were at least as favourable as the applicable awards or other relevant industrial instruments.

The Commission found that the agreement was genuinely negotiated and met the better off overall test. It noted that the agreement provided for a number of benefits for employees, including higher wages and improved working conditions. The Commission also found that the agreement was in the best interests of the employees, as it provided for better terms and conditions than those provided for in the applicable awards. The Commission approved the agreement and ordered that it be registered.

The Fair Work Commission approved the Halt for Holts Pty Ltd Enterprise Agreement 2018 and ordered that it be registered. The Commission found that the agreement was genuinely negotiated and met the better off overall test. The agreement provided for better terms and conditions than those provided for in the applicable awards, and was in the best interests of the employees.

Halt for Holts 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