Mallee Hay Pty Ltd Summary

[2023] FWCA 1606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mallee Hay Pty Ltd

(AG2023/1371)

MALLEE HAY PTY LTD ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER DURHAM	BRISBANE, 6 JUNE 2023

Application for approval of the Mallee Hay Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Mallee Hay Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mallee Hay Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mallee Hay Pty Ltd applied for the approval of the Enterprise Agreement 2023, which it had negotiated with the Australian Workers' Union. The agreement contained provisions on pay rates, working hours, and other employment conditions for the company's workers. The union sought to have the agreement approved, while a group of employees objected to certain provisions, primarily regarding pay rates and conditions.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically provisions concerning the scope of bargaining, the process for reaching an agreement, and the content of the agreement itself. The Commission had to consider whether the agreement was made in good faith and whether it complied with the "better off overall test," which requires that employees be no worse off financially under the new agreement.

The Commission found that the agreement was made in good faith and followed the necessary bargaining process. It determined that the agreement's provisions were fair and reasonable, and that employees would be better off overall, on average, under the new terms. The Commission approved the Enterprise Agreement 2023, emphasising the importance of the better-off-overall test and the need for agreements to be fair and reasonable. The Commission also noted the parties' willingness to engage in meaningful negotiations and their efforts to reach a consensus.

The Fair Work Commission approved the Enterprise Agreement 2023, effective from the date of the decision. The Commission's approval ensures that the agreement's provisions will govern the employment conditions of the workers for the duration of the agreement.

Mallee Hay Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established