DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Makhoma Farms Pty Ltd
(AG2018/3798)

MAKHOMA FARMS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Makhoma Farms Pty Ltd 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 Makhoma Farms Pty Ltd 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 Makhoma 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

Makhoma Farms Pty Ltd was the applicant in this case before the Fair Work Commission, seeking approval of the Makhoma Farms Pty Ltd Enterprise Agreement 2018. The applicant aimed to have the agreement, which contained various terms and conditions for employees, officially recognised and enforced. The dispute arose from the negotiation process and content of the agreement, which the respondents argued did not meet the legal standards for approval.

The central legal issues before the Commission involved whether the agreement was genuinely negotiated, met the criteria for being an enterprise agreement under the Fair Work Act 2009, and provided fair and reasonable terms for the employees. Additionally, the Commission had to determine if the agreement contained appropriate dispute resolution mechanisms and if it complied with the requirements for coverage and certification.

The Commission examined the negotiation process and found that the agreement had been genuinely negotiated between the applicant and the employees' representatives. It determined that the agreement met the statutory criteria, including providing fair and reasonable terms, and included adequate dispute resolution mechanisms. The Commission also assessed the coverage of the agreement and found it to be comprehensive, covering all relevant employees within the enterprise. Based on these findings, the Commission approved the Makhoma Farms Pty Ltd Enterprise Agreement 2018, recognising it as a legally binding document.

Makhoma 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