DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

ICM Agribusiness Pty Ltd T/A Peechelba Beef
(AG2019/5085)

PEECHELBA BEEF - FEEDLOT WORKPLACE AGREEMENT

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Peechelba Beef - Feedlot Workplace Agreement.

[1] Application has been made by ICM Agribusiness Pty Ltd t/a Peechelba Beef for approval of a single enterprise agreement known as the Peechelba Beef - Feedlot Workplace Agreement (the 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. The undertakings are taken to be a term of the agreement.

[3] With the undertaking 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 5 March 2020. The nominal expiry date of the Agreement is 4 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Industrial Relations Commission of Queensland involved ICM Agribusiness Pty Ltd trading as Peechelba Beef, which sought approval of the Peechelba Beef - Feedlot Workplace Agreement. The agreement, which was to be registered as a single enterprise agreement, sought to govern the terms and conditions of employment for employees within the feedlot operations of Peechelba Beef. The dispute arose from the application for the agreement's approval, as there were concerns regarding its compliance with the applicable industrial relations laws and its fairness to the employees.

The central legal issues before the court included whether the proposed workplace agreement met the statutory requirements for registration under the applicable industrial relations legislation and whether the agreement was fair and reasonable in all its terms. This involved an examination of the procedural fairness in the agreement's development, the substantive fairness of its terms, and whether the agreement complied with the procedural fairness requirements set out in the relevant legislation. The court also had to consider whether the agreement was in the best interest of the employees and whether it provided an appropriate balance of rights and obligations.

The court determined that the agreement satisfied the statutory requirements for registration and was fair and reasonable in its terms. The decision hinged on the evidence presented by the applicant, demonstrating that the agreement was developed through genuine consultation with the employees' representatives and that it provided a balanced and fair set of terms. The court found that the agreement was not only procedurally fair but also substantively fair, providing appropriate protections and benefits to the employees while also ensuring that the business could operate efficiently. The court concluded that the agreement was in the best interest of the employees and the employer and approved the application for the agreement's registration.

The final orders of the court were that the Peechelba Beef - Feedlot Workplace Agreement be approved and registered as a single enterprise agreement. The agreement was to have effect from the date of the order and would govern the employment terms and conditions of the employees within the feedlot operations of Peechelba Beef.

ICM Agribusiness Pty Ltd T/A Peechelba Beef

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established