DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mexborough Pty Ltd T/A Moorland Organic Farm
(AG2016/2581)

MEXBOROUGH ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 11 MAY 2016

Application for approval of the Mexborough Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mexborough Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mexborough Pty Ltd T/A Moorland Organic Farm. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 11 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Mexborough Pty Ltd, trading as Moorland Organic Farm, brought an application to the Fair Work Commission seeking approval of an enterprise agreement. The respondent, the Australian Manufacturing Workers' Union, did not oppose the application but raised concerns about certain provisions. The matter was heard in the Fair Work Commission.

The central legal issues concerned whether certain provisions of the Mexborough Enterprise Agreement 2016 were compliant with the relevant provisions of the Fair Work Act 2009. Specifically, the union argued that certain provisions might be unfairly dismissive of employee rights and did not meet the standards required for genuine enterprise bargaining. The commission had to determine if the agreement could be approved in its entirety or if any modifications were necessary to ensure compliance with the statutory framework.

In its decision, the commission examined each of the contested provisions in detail. It found that while some provisions required minor adjustments to ensure they met the statutory standards for genuine enterprise bargaining, the overall agreement reflected a fair and reasonable outcome for both parties. The commission approved the agreement with the specified amendments, ensuring it complied with the requirements of the Fair Work Act.

The final orders included the approval of the Mexborough Enterprise Agreement 2016, subject to the amendments made by the commission. These amendments were designed to address the union's concerns and ensure that the agreement met the legal standards for enterprise bargaining. The commission concluded that, with these changes, the agreement could be approved as a bona fide enterprise agreement.

Mexborough Pty Ltd T/A Moorland Organic Farm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established