DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Netafim Australia Pty Ltd T/A Netafim Australia Pty Ltd
(AG2020/830)

NETAFIM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 MAY 2020

Application for approval of the Netafim Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Netafim Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Netafim Australia Pty Ltd T/A Netafim Australia 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that clause 31.3.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 6 May 2020 and, in accordance with s.54, will operate from 13 May 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The matter before the court was an application by Netafim Australia Pty Ltd for the approval of the Netafim Australia Pty Ltd Enterprise Agreement 2019. The applicant, a company engaged in the design, manufacture, and distribution of irrigation and agricultural technologies, sought the court's endorsement of this enterprise agreement, which outlines the terms and conditions of employment for its employees. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements to ensure they meet specific legal standards and are fair and reasonable.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it was fair and reasonable for the employees covered by the agreement. The court had to consider several factors, including the agreement's adherence to the provisions of the Act, whether the agreement was genuinely negotiated, and whether it contained terms that were fair and reasonable for the employees. Additionally, the court needed to ensure that the agreement did not have an adverse effect on the employees' general rights and entitlements.

The court found that the Netafim Australia Pty Ltd Enterprise Agreement 2019 complied with the requirements of the Fair Work Act. The applicant had demonstrated that the agreement was genuinely negotiated and contained terms that were fair and reasonable for the employees. The court was satisfied that the agreement did not adversely affect the general rights and entitlements of the employees and was in line with the objectives of the Act. Consequently, the court approved the enterprise agreement, recognising it as a legally binding document governing the employment terms between the applicant and its employees. The final orders were that the Netafim Australia Pty Ltd Enterprise Agreement 2019 be approved and registered with the Fair Work Commission.

Netafim Australia Pty Ltd T/A Netafim Australia 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