DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nangiloc Colignan Farms Pty Ltd
(AG2018/5173)

NANGILOC COLIGNAN FARMS PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Nangiloc Colignan Farms Pty Ltd Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Nangiloc Colignan Farms Pty Ltd 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 Nangiloc Colignan Farms Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] For the reasons set out in my earlier Decision and 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 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The applicant, Nangiloc Colignan Farms Pty Ltd, sought approval of an Enterprise Agreement with its employees. The dispute was brought before the Fair Work Commission. The core issue was whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it provided for appropriate processes for the resolution of workplace disputes, and if it adhered to the statutory minimum entitlements.

In assessing the agreement, the Commission examined the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The applicant demonstrated that the agreement was the result of good faith bargaining, with evidence of genuine negotiation and consideration of the employees' interests. The agreement contained provisions for dispute resolution processes that aligned with the statutory requirements. Furthermore, the Commission confirmed that the agreement did not undermine the statutory minimum entitlements, ensuring that employees were not disadvantaged.

Having found that the agreement met all the necessary criteria, the Commission approved the Nangiloc Colignan Farms Pty Ltd Enterprise Agreement 2018. The decision recognised the parties' commitment to fair and effective workplace relations and the importance of such agreements in promoting harmonious industrial relations. The final orders confirmed the approval of the agreement, which would now govern the employment conditions of the employees at Nangiloc Colignan Farms Pty Ltd.

Nangiloc Colignan Farms 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