MQ Griffith Pty Ltd

[2025] FWCA 709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MQ Griffith Pty Ltd

(AG2025/192)

MULTIQUIP (CHICKEN CATCHING) GRIFFITH ENTERPRISE AGREEMENT 2025

Agricultural industry
COMMISSIONER P RYAN	SYDNEY, 24 FEBRUARY 2025

Application for approval of the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2025

MQ Griffith Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 25A of the Pastoral Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 March 2025. The nominal expiry date of the Agreement is 24 February 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of MQ Griffith Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2025. The applicant, Multiquip Griffith Pty Ltd, sought to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was brought following a dispute between the employer and its employees, who were represented by the Australian Manufacturing Workers' Union.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. The Commission had to determine if the agreement contained all the mandatory terms and conditions as required by section 235 of the Act, and whether it met the ‘better off overall test’ as per section 238 of the Act. The Commission also needed to consider if the agreement had been made in good faith and if the necessary procedural requirements had been fulfilled.

In considering the application, the Commission examined the terms of the proposed agreement and assessed whether it included all the mandatory terms specified by the Act. The Commission also evaluated if the agreement provided employees with a safety net of minimum wages and conditions and whether it was in the interests of the employees, on balance, to be covered by the agreement. The Commission found that the agreement satisfied all the statutory requirements and met the better off overall test, as it provided employees with improved conditions compared to the applicable awards. The Commission was satisfied that the agreement had been made in good faith and that all necessary procedural requirements had been adhered to.

The Fair Work Commission approved the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2025, finding it to be a valid and compliant enterprise agreement under the Fair Work Act. The agreement was registered and became effective from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established