Novacott Downs Pty Ltd as Trustee for the Roth Family Trust

[2016] FWCA 2835 [Note: a correction has been issued to this document]

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Novacott Downs Pty Ltd as trustee for The Roth Family Trust T/A

Novacott Downs Pty Ltd

(AG2016/2540)

NOVACOTT DOWNS PTY LTD ENTERPRISE AGREEMENT 2016

Agricultural industry

COMMISSIONER ROE

MELBOURNE, 5 MAY 2016

Application for approval of the Novacott Downs Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

NOVACOTT DOWNS 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 Novacott Downs Pty Ltd as trustee for the Roth Family Trust t/a Novacott Downs Pty Ltd.

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.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.
[2016] FWCA 2835

[6] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will

operate from 13 May 2016. The nominal expiry date of the Agreement is 6 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2835

ANNEXURE A

[2016] FWCA 2835

CaseChat Overview and Summary

Novacott Downs Pty Ltd, as trustee for the Roth Family Trust, sought approval for an enterprise agreement under section 185 of the Fair Work Act 2009. The agreement, titled the Novacott Downs Pty Ltd Enterprise Agreement 2016, is intended to govern the terms and conditions of employment for employees in the agricultural industry. The Fair Work Commission, represented by Commissioner Roe, considered the application on 5 May 2016.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements under sections 186, 187, 188, and 190 of the Act, and if the written undertakings provided by the applicant would not cause financial detriment to any employee or result in substantial changes to the agreement. The court also needed to determine if the prescribed model consultation and flexibility terms would be incorporated into the agreement as mandated by sections 202 and 205 of the Act.

The Fair Work Commission found that the enterprise agreement complied with the relevant sections of the Act and that the written undertakings provided by the applicant were satisfactory. The Commissioner was satisfied that the undertakings would not lead to financial detriment for employees or substantial changes to the agreement. Furthermore, the court ruled that the model consultation term and the model flexibility term, as prescribed by the Fair Work Regulations 2009, would be included in the agreement. Consequently, the application for approval was granted.

The Novacott Downs Pty Ltd Enterprise Agreement 2016 was approved and will come into effect on 13 May 2016, with a nominal expiry date of 6 May 2020. The court's decision ensures that the agreement adheres to the statutory requirements and that the prescribed model terms are incorporated into the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established