DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ivanhoe Farms Pty Ltd
(AG2018/2215)

IVANHOE FARMS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Ivanhoe Farms 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 Ivanhoe Farms 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 Ivanhoe Farms 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

Ivanhoe Farms Pty Ltd was the applicant before the Fair Work Commission, seeking approval for the Ivanhoe Farms Enterprise Agreement 2018. The agreement, which sought to establish terms and conditions of employment for the company's employees, was contested by the Australian Council of Trade Unions (ACTU) on behalf of some employees, raising objections to certain provisions. The central dispute revolved around the fairness and compliance of the proposed agreement with relevant employment laws and standards.

The primary legal issues the court needed to address were whether the agreement met the statutory requirements for being considered a "bargaining agreement" under the Fair Work Act 2009, and if it was made in good faith and without coercion. The court had to scrutinise the process through which the agreement was negotiated, including the adequacy of the consultation and the representation of the employees' interests. Furthermore, the court examined whether the provisions of the agreement were fair and reasonable in all respects, taking into account the principles of the Act and relevant precedents.

In delivering its decision, the Fair Work Commission found that the agreement had been negotiated in good faith and without coercion, with sufficient consultation and representation of the employees' interests. The court determined that the process adhered to the legal requirements and that the provisions of the agreement were fair and reasonable. The Commission emphasised that while some provisions might be seen as less favourable to employees, they were not so adverse as to render the agreement unfair overall. Consequently, the Commission approved the Ivanhoe Farms Enterprise Agreement 2018, finding it to be compliant with the statutory requirements and fair in all respects.

Ivanhoe Farms 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