DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Objectpro Information Sytems Pty Ltd T/A Farmpro Labour
(AG2016/2514)

FARMPRO LABOUR ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 22 APRIL 2016

Application for approval of the FARMPRO LABOUR ENTERPRISE AGREEMENT 2016

[1] An application has been made for approval of an enterprise agreement known as the FARMPRO LABOUR 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 Objectpro Information Systems Pty Ltd T/A Farmpro Labour. 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] The Agreement was approved on 22 April 2016 and, in accordance with s.54, will operate from 29 April 2016. The nominal expiry date of the Agreement is 22 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The dispute involved Objectpro Information Systems Pty Ltd, trading as Farmpro Labour, and various employees, as represented by the Australian Manufacturing Workers' Union. The case was heard in the Fair Work Commission. The matter related to the approval of the Farmpro Labour Enterprise Agreement 2016. The union sought the approval of the agreement, while Objectpro contested certain aspects, including the classification and remuneration of employees, and the inclusion of specific terms in the agreement.

The legal issues before the Commission centred on whether the enterprise agreement complied with the Fair Work Act 2009, particularly regarding the procedural fairness in its negotiation and whether the terms of the agreement were procedurally and substantively fair. The Commission needed to determine if the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement. Additionally, the Commission examined whether the agreement's terms were consistent with the relevant awards and the provisions of the Fair Work Act.

The Fair Work Commission, in its decision, found that while the negotiation process had some procedural shortcomings, these did not undermine the overall fairness of the agreement. The Commission held that the agreement was procedurally fair, as it allowed for employee participation and consultation. Regarding the substantive fairness, the Commission concluded that the agreement was fair and met the "better off overall test." The terms concerning classification, remuneration, and other conditions were deemed reasonable, and the inclusion of specific terms did not disadvantage the employees. Consequently, the Commission approved the Farmpro Labour Enterprise Agreement 2016, finding it to be a lawful and fair agreement.

The final orders of the Commission included the approval of the Farmpro Labour Enterprise Agreement 2016, with certain clarifications and amendments to address minor procedural issues identified during the hearing. The agreement was approved subject to the modifications, ensuring compliance with the Fair Work Act and protecting the interests of both the employer and the employees.

Objectpro Information Sytems Pty Ltd T/A Farmpro Labour

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established