DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Moxey Farms Pty Limited; Moxey Farms Management Pty Limited
(AG2014/11049)

MOXEY FARMS ENTERPRISE AGREEMENT 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JANUARY 2015

Application for approval of the Moxey Farms Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Moxey Farms Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 15 January 2015. The nominal expiry date of the Agreement is 1 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Moxey Farms Pty Limited and Moxey Farms Management Pty Limited sought approval for the Moxey Farms Enterprise Agreement 2014. The application was made in response to objections raised by the Rural Workers Union, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement met the criteria for approval as set out in the legislation. Specifically, the Commission had to determine if the agreement was made in good faith, was free from coercion and undue influence, and whether it was in the best interests of the employees. Additionally, the Commission needed to assess whether the agreement provided fair terms and conditions of employment, including adequate provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms.

The Commission considered the evidence presented by both parties and examined the contents of the enterprise agreement. It was found that the agreement was made in good faith and was free from any form of coercion or undue influence. The terms and conditions of the agreement were deemed to be fair and reasonable, providing employees with appropriate protections and benefits. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it offered a balanced approach to the needs of both the employer and the workforce. Based on these findings, the Commission approved the Moxey Farms Enterprise Agreement 2014.

Moxey Farms Pty Limited; Moxey Farms Management Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established