DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Farming Pty Ltd T/A Natures Haven
(AG2018/6170)

MURRAY FARMING PTY LTD T/A NATURES HAVEN & EMPLOYEES ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER JOHNS	SYDNEY, 1 APRIL 2019

Application for approval of the Murray Farming Pty Ltd T/A Natures Haven & Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Murray Farming Pty Ltd T/A Natures Haven & Employees 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 Murray Farming Pty Ltd T/A Natures Haven. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murray Farming Pty Ltd T/A Natures Haven applied to the Fair Work Commission for approval of the Murray Farming Pty Ltd T/A Natures Haven & Employees Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers Union, which submitted that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement provided for the minimum terms and conditions as required by the Act, and whether it was in the best interests of the employees.

The Commission found that the agreement provided for the minimum terms and conditions as required by the Act, and that it was in the best interests of the employees. The Commission noted that the agreement provided for a number of protections for employees, including provisions for minimum wages and penalties, maximum weekly hours, leave entitlements and a dispute resolution procedure. The Commission was satisfied that the agreement was fair and reasonable, and that it would not have an adverse effect on the employees.

Murray Farming Pty Ltd T/A Natures Haven was granted approval for the Murray Farming Pty Ltd T/A Natures Haven & Employees Enterprise Agreement 2018. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Murray Farming Pty Ltd T/A Natures Haven. The Australian Manufacturing Workers Union's application to set aside the approval of the agreement was dismissed.

Murray Farming Pty Ltd T/A Natures Haven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established