DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Muedo Farms Pty Ltd T/A Allied Farms Australia
(AG2017/4726)

MUEDO FARMS PTY LTD ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER SAUNDERS	NEWCASTLE, 2 MARCH 2018

Application for approval of the Muedo Farms Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Muedo Farms Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Muedo Farms Pty Ltd T/A Allied Farms Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Muedo Farms Pty Ltd, trading as Allied Farms Australia, and the Australian Building and Construction Commission (ABCC). The dispute centred on the approval of the Muedo Farms Pty Ltd Enterprise Agreement 2017, which sought to formalise the terms and conditions of employment for workers within the company. The Fair Work Commission (FWC) was tasked with determining whether the agreement complied with the relevant legislative framework.

The legal issues before the FWC were multifaceted, encompassing the proper certification of the agreement, the fairness of the terms, and the procedural correctness in the handling of the application. Specifically, the ABCC argued that the enterprise agreement was not fairly and properly negotiated, as required by the Fair Work Act 2009. The ABCC also contended that certain terms of the agreement did not meet the criteria for approval under the legislation.

In its decision, the FWC found that the application for approval of the enterprise agreement was procedurally sound, with the necessary consultation and negotiation processes having been followed. The FWC determined that the agreement was fairly and properly negotiated, and that it met the criteria for approval. The FWC further held that the terms of the agreement were not unfair, taking into account the economic and practical circumstances of the parties. Consequently, the FWC approved the application for the enterprise agreement to be registered.

The FWC’s final order was that the Muedo Farms Pty Ltd Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and meet the legislative requirements, while also recognising the economic and practical realities faced by the parties involved.

Muedo Farms Pty Ltd T/A Allied Farms Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established