DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mortimers Farms Pty Ltd
(AG2018/3762)

MORTIMERS FARMS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Mortimers Farms Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Mortimers Farms Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mortimers Farms Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Mortimers Farms Pty Ltd applied to the Fair Work Commission for approval of the Mortimers Farms Enterprise Agreement 2018. The agreement, negotiated with the Rural Workers Union, was intended to regulate the terms and conditions of employment for workers at Mortimers Farms. The union opposed the application, arguing that the agreement did not adequately address certain issues, such as minimum wage rates and working conditions.

The primary legal issues before the Commission were whether the agreement provided for the proper minimum terms and conditions for the employees, and whether it was consistent with the objects of the Fair Work Act 2009. The Commission had to examine if the agreement met the legislative standards for minimum wages, penalty rates, and other entitlements, and whether it complied with the requirements for enterprise agreements under the Act.

In delivering the decision, the Commission considered the submissions from both parties, the evidence provided, and the relevant provisions of the Act. The Commission found that the agreement, while generally comprehensive, did not sufficiently address the minimum wage rates for certain employees. After negotiations and amendments, the Commission approved the agreement with certain modifications to ensure compliance with the statutory minimum standards.

The Fair Work Commission approved the Mortimers Farms Enterprise Agreement 2018, subject to the modifications ensuring compliance with the statutory minimum standards for wages and conditions. The modifications included the incorporation of specific wage rates for the affected employees and clarification of certain entitlements. The union's concerns were addressed, and the agreement was deemed to be in the best interests of the employees.

Mortimers Farms 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