DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Narrogin Hay Pty Ltd
(AG2019/155)

NARROGIN HAY PTY LTD ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 FEBRUARY 2019

Application for approval of the Narrogin Hay Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Narrogin Hay Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Narrogin Hay 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[5] The Agreement was approved on 27 February 2019 and, in accordance with s 54, will operate from 6 March 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Narrogin Hay Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Narrogin Hay Pty Ltd Enterprise Agreement 2019. The applicant, Narrogin Hay Pty Ltd, sought the Commission's approval of the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for its employees. The application was brought by the company itself, and the respondents were the relevant trade unions representing the employees. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission had to decide involved the compliance of the enterprise agreement with the statutory provisions. Specifically, the Commission needed to assess whether the agreement met the requirements for a "better off overall test" under section 234 of the Act, which mandates that the agreement must not reduce the overall pay and conditions of employees. Additionally, the Commission had to consider whether the agreement adequately addressed various other statutory protections, including minimum wages, penalty rates, leave entitlements, and other conditions of employment.

In reaching its decision, the Commission considered the submissions from both the applicant and the respondents. The Commission examined the proposed terms and conditions of employment and assessed whether they provided a safety net of minimum entitlements at least equal to those provided by the applicable awards or registered agreements. The Commission also reviewed the process by which the agreement was made, ensuring that it was done in good faith and without coercion. Ultimately, the Commission found that the proposed agreement complied with the statutory requirements and approved the enterprise agreement. The decision was grounded in the conclusion that the agreement provided employees with conditions that were at least as favourable as those provided by the relevant awards or registered agreements.

Narrogin Hay 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