DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MQ Griffith Pty Ltd
(AG2020/29)

MULTIQUIP (CHICKEN CATCHING) GRIFFITH ENTERPRISE AGREEMENT 2019 - 23

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2019 - 23.

[1] An application has been made for approval of an enterprise agreement known as the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2019 - 23 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MQ Griffith Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 24 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, MQ Griffith Pty Ltd, sought approval of the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2019-23 from the Fair Work Commission. The agreement in question sought to establish the terms and conditions of employment for employees of the applicant in the chicken catching industry within the Griffith region. The dispute arose as the applicant claimed the agreement met the requirements of the Fair Work Act 2009, while the union representing the employees argued that the agreement did not fairly represent the interests of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This required the Commission to assess whether the agreement had been made in good faith, whether it contained the terms the union and employer had agreed upon, and whether it was appropriate to make an order for the agreement's registration. The Commission also had to consider whether the agreement was in the best interests of the employees and if it provided for appropriate mechanisms for dispute resolution.

In determining whether the agreement met the necessary criteria, the Commission examined the negotiation process and the content of the agreement. The Commission found that the agreement had been negotiated in good faith and that it contained the terms agreed upon by the parties. The Commission also found that the agreement was in the best interests of the employees and provided for appropriate mechanisms for dispute resolution. Therefore, the Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

Accordingly, the Commission approved the Multiquip (Chicken Catching) Griffith Enterprise Agreement 2019-23 and made an order for its registration. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees of the applicant in the chicken catching industry within the Griffith region for the next four years.

MQ Griffith 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