Mort & Co Lot Feeders Pty Ltd Summary

[2023] FWCA 2554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mort & Co Lot Feeders Pty Ltd

(AG2023/2614)

MORT & CO FEEDLOT AND CONNECTED ACTIVITIES AUSTRALIA ENTERPRISE AGREEMENT 2023

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2023

Application for approval of the Mort & Co Feedlot and Connected Activities Australia Enterprise Agreement 2023

Mort & Co Lot Feeders Pty Ltd has made an application for approval of an enterprise agreement known as the Mort & Co Feedlot and Connected Activities Australia Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 16 August 2023 and, in accordance with s 54, it will operate from 23 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Mort & Co Feedlot and Connected Activities Australia Enterprise Agreement 2023. Mort & Co Lot Feeders Pty Ltd was the employer, and the Australian Workers Union was the employee representative. The dispute centred around the terms and conditions of employment as set out in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it met the 'better off overall test', and if it included all the mandated minimum terms and conditions. Additionally, the Commission had to consider if the agreement was genuinely negotiated and if the process of negotiation was fair and in good faith. The Commission also needed to assess whether the agreement appropriately dealt with the interests of the employees and whether it was consistent with the principles of the national workplace relations system.

In its decision, the Commission found that the Mort & Co Feedlot and Connected Activities Australia Enterprise Agreement 2023 met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, met the better off overall test, and included all mandated minimum terms and conditions. The Commission was satisfied that the agreement was genuinely negotiated and that the process was fair and in good faith. Furthermore, it was determined that the agreement appropriately dealt with the interests of the employees and was consistent with the principles of the national workplace relations system. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Mort & Co Feedlot and Connected Activities Australia Enterprise Agreement 2023, finding it met all statutory requirements and was fairly negotiated.

Mort & Co Lot Feeders Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established