DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nowshire Pty Ltd
(AG2018/6261)

NOWSHIRE PASTORAL ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 15 JULY 2019

Application for approval of the Nowshire Pastoral Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Nowshire Pastoral Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nowshire Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 14 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Nowshire Pty Ltd, the dispute centred on the approval of a proposed pastoral enterprise agreement for the year 2018. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The application for approval was brought by Nowshire Pty Ltd, the employer, while the opposition came from the Australian Workers' Union, the representative for the employees. The crux of the disagreement lay in the contentions raised by the union regarding the fairness and compliance of the proposed agreement with the relevant industrial laws.

The legal issues before the Commission revolved around whether the agreement met the threshold of being "fair" as defined under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally and substantively fair. Procedural fairness required consideration of whether the agreement was genuinely negotiated, while substantive fairness entailed an assessment of whether the terms and conditions of the agreement were reasonable and in line with the broader industrial context.

In deliberating on these issues, the Commission took into account the process of negotiation, the content of the agreement, and the evidence provided by both parties. The Commission noted that the agreement was the product of genuine bargaining and was not imposed unilaterally. It found that the terms were not unreasonable and were consistent with broader industry standards. Consequently, the Commission concluded that the agreement was fair and approved it. This decision was grounded on the evidence that the agreement was the result of a negotiation process that met the legislative standards and that the terms themselves were fair and reasonable.

Nowshire 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