DECISION

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

Northey Street City Farm Association Inc T/A Northey Street City Farm
(AG2016/5132)

NORTHEY STREET CITY FARM ASSOCIATION INC ENTERPRISE AGREEMENT 2014

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 2 NOVEMBER 2016

Application for approval of the Northey Street City Farm Association Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northey Street City Farm Association Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northey Street City Farm Association Inc T/A Northey Street City Farm. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2016. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The Northey Street City Farm Association Inc, trading as Northey Street City Farm, sought approval of its Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The primary dispute was whether the Enterprise Agreement 2014 complied with the relevant provisions of the Fair Work Act 2009. The agreement in question sought to establish terms and conditions of employment for the farm's employees. The legal issues before the Commission included whether the agreement met the "better off overall test" and whether it contained the mandated minimum terms and conditions as stipulated by the Fair Work Act.

The Commission examined the agreement to ensure that it provided employees with conditions that were no less favourable than the applicable awards or safety nets. The Commission also assessed whether the agreement allowed for proper consultation with employees and whether the process for reaching the agreement was fair and reasonable. The focus was on whether the agreement was genuinely negotiated and whether it contained all the required provisions, including minimum wages, leave entitlements, and other workplace standards. The Commission considered submissions from both the Association and the employees' representatives to determine if the agreement was in the best interest of the employees.

The Fair Work Commission approved the Enterprise Agreement 2014, finding that it met the statutory requirements. The Commission concluded that the agreement provided employees with terms and conditions that were at least as favourable as the relevant awards and safety nets. The Commission found that the negotiation process was fair and reasonable, and the agreement contained all the mandated minimum terms and conditions. The Commission was satisfied that the agreement was genuinely negotiated and in the best interest of the employees.

The Commission's final order was the approval of the Northey Street City Farm Association Inc Enterprise Agreement 2014, subject to the terms and conditions outlined in the decision. This approval ensures that the agreement is legally binding and enforceable, providing a clear framework for the terms and conditions of employment for the farm's employees.

Northey Street City Farm Association Inc T/A Northey Street City Farm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established