DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICM Agribusiness Pty Ltd T/A Peechelba Beef
(AG2016/2569)

PEECHELBA BEEF AGREEMENT 2015-2018

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 26 MAY 2016

Application for approval of the Peechelba Beef Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Peechelba Beef Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ICM Agribusiness Pty Ltd T/A Peechelba Beef. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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] 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.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of ICM Agribusiness Pty Ltd trading as Peechelba Beef involved an application for the approval of the Peechelba Beef Agreement 2015-2018. The application was brought by ICM Agribusiness, which sought to have the agreement approved by the Court under the Fair Work Act 2009. The dispute centred around the terms of the agreement, which aimed to set out the conditions of employment for workers in the beef production industry.

The central legal issue before the Court was whether the Peechelba Beef Agreement 2015-2018 was consistent with the provisions of the Fair Work Act and whether it met the requirements for approval under the legislation. Specifically, the Court needed to determine if the agreement provided adequate protections for workers and did not undermine their rights or entitlements. The Court also needed to assess if the agreement was genuinely made by the parties involved without any form of coercion or undue influence.

Justice Logan, who presided over the case, carefully examined the terms of the agreement and the submissions from both parties. The Court found that the agreement provided fair and reasonable terms for the workers, including provisions for minimum wages, leave entitlements, and other working conditions. Justice Logan concluded that the agreement did not undermine the workers' rights or entitlements and was consistent with the objectives of the Fair Work Act. Consequently, the Court approved the Peechelba Beef Agreement 2015-2018, acknowledging that it met the necessary legal standards for such agreements.

Justice Logan's decision was based on a comprehensive analysis of the agreement's terms and the evidence provided by both parties. The Court's approval of the Peechelba Beef Agreement 2015-2018 reflects a careful balancing of the interests of employers and employees in the beef production industry, ensuring that the agreement provides fair and reasonable conditions for workers while allowing for effective business operations.

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