DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Netafim Australia Pty Ltd T/A Netafim
(AG2016/7176)

NETAFIM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Netafim Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Netafim Australia Pty Ltd Enterprise 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 Netafim Australia Pty Ltd T/A Netafim. 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. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Netafim Australia Pty Ltd, trading as Netafim, sought approval for the Netafim Australia Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for certain employees within the company, specifically those classified as "Technicians" under the proposed agreement. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it adhered to the principles of the Fair Work Act, and whether the agreement allowed for appropriate bargaining and consultation processes. Additionally, the Commission had to consider if the proposed terms and conditions were reasonable and fair in the context of the broader industrial relations framework.

The Fair Work Commission, after reviewing the submissions from both parties and considering the evidence presented, found that the Netafim Australia Pty Ltd Enterprise Agreement 2016 met the necessary criteria for approval. The Commission determined that the agreement provided for a fair and efficient workplace and was consistent with the principles of the Fair Work Act. The Commission also found that the agreement allowed for appropriate bargaining and consultation processes and that the terms and conditions proposed were reasonable and fair. Consequently, the Commission approved the agreement, effective from the date of the decision.

In light of the approval, the Commission made orders to formally register the Netafim Australia Pty Ltd Enterprise Agreement 2016 under the Fair Work Act. This decision ensures that the agreement becomes the governing document for the employment conditions of the relevant employees within the company, effective from the date specified by the Commission.

Netafim Australia Pty Ltd T/A Netafim

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established