Heytesbury Cattle Company Pty Ltd T/A Heytesbury Pastoral Summary

[2024] FWCA 2319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heytesbury Cattle Company Pty Ltd T/A Heytesbury Pastoral

(AG2024/1796)

HEYTESBURY PASTORAL ENTERPRISE AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2024

Application for approval of the Heytesbury Pastoral Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Heytesbury Pastoral Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heytesbury Cattle Company Pty Ltd T/A Heytesbury Pastoral. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 April 2024 and the Agreement was made on 20 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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. The undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that several clauses may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Heytesbury Cattle Company Pty Ltd, trading as Heytesbury Pastoral, and its employees. The dispute centred around the application for the approval of the Heytesbury Pastoral Enterprise Agreement 2024. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the appropriate process for future negotiations, contained the mandatory terms as prescribed by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement provided for a fair and efficient dispute resolution process.

In delivering the decision, the Commission considered the submissions from both parties, the evidence presented, and the relevant provisions of the Fair Work Act. The Commission found that the agreement contained the mandatory terms and provided for the necessary negotiation processes, as well as a fair and efficient dispute resolution mechanism. The Commission also determined that the agreement was made in good faith and without coercion. Based on these findings, the Commission approved the Heytesbury Pastoral Enterprise Agreement 2024.

The Commission's approval of the agreement ensures that the terms and conditions of employment for the employees of Heytesbury Cattle Company Pty Ltd are governed by a legally binding enterprise agreement. This provides a framework for future negotiations and ensures that the rights and obligations of both the employer and employees are protected under the Fair Work Act.

Heytesbury Cattle Company Pty Ltd T/A Heytesbury Pastoral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established