DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Krishna Harvest Contractors Pty Ltd
(AG2016/464)

KRISHNA CONTRACTORS PTY LTD ON-HIRE EMPLOYEE AGREEMENT 2016 - 2019

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the Krishna Contractors Pty Ltd On-Hire Employee Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Krishna Contractors Pty Ltd On-Hire Employee Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Krishna Harvest Contractors Pty Ltd. 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] The Agreement was approved on 8 April 2016 and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 8 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Krishna Harvest Contractors Pty Ltd, applied for an approval of the Krishna Harvest Contractors Pty Ltd On-Hire Employee Agreement 2016 - 2019. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute centred around the terms and conditions of the proposed enterprise agreement, particularly those concerning pay rates, penalty rates, and shift allowances for employees working in the on-hire division of the company.

The primary legal issues the Commission was required to address involved whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of ensuring that the agreement did not disadvantage employees and that it provided for the proper operation of the business. The Commission also needed to assess if the agreement met the requirements for being a lawful and fair workplace instrument, considering the broader economic and industry context.

The Commission determined that the proposed agreement met the necessary standards under the Fair Work Act. It found that the agreement was fair and balanced, providing appropriate protections for employees while also allowing the company to operate effectively. The Commission noted that the agreement had been the subject of extensive bargaining between the parties and that it reflected a genuine attempt to reach a consensus on terms and conditions of employment. The Commission was satisfied that the agreement did not disadvantage employees and allowed for the proper operation of the business, thus approving the application.

The final orders of the Commission were that the Krishna Harvest Contractors Pty Ltd On-Hire Employee Agreement 2016 - 2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement would now be applicable to the employees of the on-hire division of Krishna Harvest Contractors Pty Ltd.

Krishna Harvest Contractors 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