DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MDH Pty Ltd T/A MDH Pty Ltd
(AG2020/2795)

MDH PASTORAL ENTERPRISE AGREEMENT 2020

Agricultural industry
COMMISSIONER SIMPSON	BRISBANE, 29 OCTOBER 2020

Application for approval of the MDH Pastoral Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MDH Pastoral Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MDH Pty Ltd T/A MDH Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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 damages to the Agreement.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

MDH Pty Ltd, trading as MDH Pty Ltd, brought an application before the Fair Work Commission for the approval of the MDH Pastoral Enterprise Agreement 2020. The agreement sought to establish terms and conditions for employees within the pastoral industry, including provisions on wages, working hours, and other employment-related matters. The application followed a process under the Fair Work Act 2009, whereby the Commission examines whether the proposed agreement meets specific criteria, such as whether it provides for fair and reasonable terms and conditions and whether it has been made in good faith.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it complied with procedural requirements set out in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for a minimum wage that complied with the National Minimum Wage system, as well as whether it adequately covered essential terms and conditions as prescribed by the Fair Work Act.

In reaching its decision, the Commission noted that the agreement generally met the requirements for fair and reasonable terms and conditions. The Commission found that the parties had acted in good faith and that the agreement complied with procedural requirements. The Commission also found that the agreement provided for a minimum wage that met the National Minimum Wage system. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions and was in compliance with the relevant legislation.

The Fair Work Commission approved the MDH Pastoral Enterprise Agreement 2020, determining that it met the statutory requirements for fair and reasonable terms and conditions, was made in good faith, and complied with the procedural requirements of the Fair Work Act 2009. The Commission found that the agreement provided for a minimum wage that met the National Minimum Wage system and that it adequately covered the essential terms and conditions as prescribed by the Fair Work Act.

MDH Pty Ltd T/A MDH 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