DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menilden Creek Farming Pty Ltd
(AG2017/6768)

MENILDEN CREEK FARMING PTY LTD ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2018

Application for approval of the Menilden Creek Farming Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Menilden Creek Farming Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menilden Creek Farming 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 is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 9 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Menilden Creek Farming Pty Ltd, an agricultural business, applied for approval of their 2017 Enterprise Agreement. The application was brought before the Fair Work Commission (FWC). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement complied with procedural and substantive fairness provisions, and if it was in the best interests of the employees.

The primary legal issues the FWC addressed were whether the agreement had been made in accordance with the procedural fairness requirements and whether it was substantively fair. Procedural fairness required the FWC to consider if the agreement was genuinely negotiated and if the process followed was fair. Substantive fairness required the FWC to evaluate if the terms of the agreement were fair and reasonable in all the circumstances. The FWC also had to assess if the agreement was in the best interests of the employees, considering their overall welfare.

After reviewing the evidence and submissions, the FWC determined that the agreement was procedurally fair as it was genuinely negotiated and the process followed was fair. The FWC found the agreement substantively fair, noting that the terms were reasonable and balanced in the context of the industry. The FWC concluded that the agreement was in the best interests of the employees, taking into account their overall welfare. Based on these findings, the FWC approved the agreement.

The FWC issued an order approving the Menilden Creek Farming Pty Ltd Enterprise Agreement 2017. The approval was contingent upon certain conditions being met, ensuring ongoing compliance with the Fair Work Act. The decision sets a precedent for similar agreements in the agricultural sector, emphasising the importance of fair negotiation and consideration of employee interests.

Menilden Creek Farming 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