DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henbury Cattle Co Pty Ltd
(AG2014/8260)

HENBURY CATTLE CO PTY LTD ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Henbury Cattle Co Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Henbury Cattle Co Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Henbury Cattle Co Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 28 December 2018.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

The applicant, Henbury Cattle Co Pty Ltd, sought the Fair Work Commission's approval of the 2014 Enterprise Agreement with the employees represented by the Australian Workers' Union. The dispute arose from the employer's desire to change the existing pay rates and conditions of employment for certain employees. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed changes to the Enterprise Agreement complied with the relevant statutory requirements and if the process for the negotiation and adoption of the agreement was fair and appropriate. The Commission had to consider whether the agreement was made in good faith, whether it provided for matters that were genuinely negotiable, and whether the agreement met the standards set out in the Fair Work Act 2009.

In making its decision, the Commission examined the process by which the agreement was negotiated and whether it was made in good faith. The Commission found that the negotiation process was appropriate and that the agreement was made in good faith. The Commission also found that the proposed changes to the pay rates and conditions were genuinely negotiable and met the standards set out in the Act. The Commission approved the 2014 Enterprise Agreement.

The Fair Work Commission approved the Henbury Cattle Co Pty Ltd Enterprise Agreement 2014. The Commission found that the negotiation process was appropriate, that the agreement was made in good faith, and that the proposed changes to the pay rates and conditions were genuinely negotiable and met the standards set out in the Fair Work Act 2009.

Henbury Cattle Co 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