Narambulla Investments Pty Ltd T/A Narambulla Partnership (registered)

[2023] FWCA 1645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Narambulla Investments Pty Ltd T/A Narambulla Partnership (registered)

(AG2023/1404)

NARAMBULLA PARTNERSHIP ENTERPRISE AGREEMENT 2022

Pastoral industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 6 JUNE 2023

Application for approval of the Narambulla Partnership Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Narambullla Partnership Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Narambulla Investments Pty Ltd T/A Narambulla Partnership (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 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.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Narambulla Investments Pty Ltd, trading as Narambulla Partnership, applied to the Fair Work Commission for approval of their Enterprise Agreement 2022. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the partnership, including matters such as wages, working hours, and other employment-related conditions.

The primary legal issues before the Commission were whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission had to consider if the agreement met the criteria for 'simple' agreements and if it contained the mandatory terms set out in the Fair Work Regulations. The Commission also had to assess whether the agreement was made in good faith and whether it provided for a fair and reasonable balance of employees' and employers' interests.

In determining the application, the Commission found that the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act. It met the criteria for a simple agreement and included all mandatory terms required by the Fair Work Regulations. The Commission was satisfied that the agreement was made in good faith and provided for a fair and reasonable balance of the parties' interests. As a result, the Commission approved the Narambulla Partnership Enterprise Agreement 2022.

The Fair Work Commission approved the Narambulla Partnership Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees within the partnership are governed by the agreed-upon terms, subject to the protections and rights provided under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established