New Era Shearing Pty Ltd

[2013] FWCA 7242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Era Shearing Pty Ltd
(AG2013/9242)

NEW ERA SHEARING ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 20 SEPTEMBER 2013

Application for approval of the New Era Shearing Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the New Era Shearing Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Era Shearing Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 20 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were New Era Shearing Pty Ltd and the Australian Workers' Union. The dispute centred around the application for approval of the New Era Shearing Enterprise Agreement 2013. This case was heard in the Fair Work Commission, an Australian independent statutory body responsible for maintaining and promoting fair work practices. The applicant, New Era Shearing Pty Ltd, sought to have the agreement approved, while the respondent, the Australian Workers' Union, contested the application.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included determining if the agreement contained the necessary minimum terms and conditions, was made in good faith, and if it had been appropriately certified. The Commission also needed to consider if the agreement was in the best interests of the employees and if it provided a fair and efficient workplace.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. It also concluded that the agreement had been appropriately certified and was in the best interests of the employees. The Commission determined that the agreement provided a fair and efficient workplace and approved the New Era Shearing Enterprise Agreement 2013. This decision was made considering the specific circumstances of the workplace and the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established