DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Narrogin Hay Pty Ltd and Pentarch Grains Pty Ltd
(AG2016/829)

NARROGIN HAY PTY LTD AND PENTARCH GRAINS PTY LTD EMPLOYMENT AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 13 MAY 2016

Application for approval of the Narrogin Hay Pty Ltd and Pentarch Grains Pty Ltd Employment Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Narrogin Hay Pty Ltd and Pentarch Grains Pty Ltd Employment Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Narrogin Hay Pty Ltd and Pentarch Grains Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Narrogin Hay Pty Ltd and Pentarch Grains Pty Ltd, sought approval for their employment agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, and the decision was made by Deputy President Williams. The applicants sought to establish an employment agreement that would allow them to operate under a more flexible employment arrangement, which deviated from the standard terms and conditions typically found in ordinary full-time employment.

The legal issues that the court needed to address were whether the proposed employment agreement met the requirements under the Fair Work Act 2009, and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The primary concern was to ensure that the agreement did not undermine the protections afforded to employees and that it adhered to the legislative framework governing employment agreements. Additionally, the court had to determine whether the agreement was in the best interests of the employees and whether it would result in a fairer and more efficient workplace.

The court found that the proposed employment agreement complied with the requirements of the Fair Work Act 2009 and did not contravene the provisions of the Fair Work (Registered Organisations) Act 2009. The Deputy President concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the applicants and the interests of the employees. The court found that the agreement provided adequate protections for employees, and that it would result in a more flexible and efficient workplace. The Deputy President approved the employment agreement, finding that it met the necessary criteria under the Fair Work Act 2009.

The final orders of the court were that the applicants' employment agreement be approved, and that the agreement be registered with the Fair Work Commission. The court emphasised the importance of ensuring that employment agreements comply with the legislative framework and that they provide adequate protections for employees. The court's decision provides guidance for future applications for the approval of employment agreements, and highlights the need for careful consideration of the specific circumstances of each case.

Narrogin Hay Pty Ltd and Pentarch Grains 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