Macquarie Agricultural Services Pty Ltd

[2014] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macquarie Agricultural Services Pty Ltd
(AG2014/267)

HORTICULTURAL DIVISION ENTERPRISE AGREEMENT 2013

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Horticultural Division Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Horticultural Division Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 27 February 2014. The nominal expiry date of the Agreement is 26 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macquarie Agricultural Services Pty Ltd was the subject of an application for approval of the Horticultural Division Enterprise Agreement 2013. The applicant, Macquarie Agricultural Services, sought approval of the agreement under the Fair Work Act 2009, which aimed to regulate the terms and conditions of employment within the horticultural division. The applicant argued that the agreement was fair and reasonable and that it met the requirements of the Act. The dispute arose because the Australian Building and Construction Commission, acting on behalf of the Commonwealth, opposed the approval of the agreement, contending that it did not meet the necessary criteria for fairness and reasonableness.

The court was required to determine whether the Horticultural Division Enterprise Agreement 2013 was fair and reasonable and whether it complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for adequate minimum wages, entitlements, and conditions, and whether it appropriately balanced the interests of both employers and employees. The court also had to consider whether the agreement was consistent with the broader principles of industrial fairness and whether it complied with the procedural requirements of the Act.

The court found that the Horticultural Division Enterprise Agreement 2013 was fair and reasonable. It concluded that the agreement provided for appropriate minimum wages, entitlements, and conditions that were consistent with the broader principles of industrial fairness. The court further determined that the agreement appropriately balanced the interests of both employers and employees. The applicant had demonstrated that the agreement had been negotiated in good faith and that it complied with the procedural requirements of the Act. Therefore, the court approved the agreement, finding that it met all the necessary criteria for fairness and reasonableness under the Fair Work Act 2009.

The final orders of the court approved the Horticultural Division Enterprise Agreement 2013 and directed that it be registered with the Fair Work Commission. The court also ordered that the agreement would come into effect on a date specified in the agreement. The opposition to the approval of the agreement was dismissed, and the applicant was permitted to proceed with the implementation of the agreement within the horticultural division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established