DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Petuna Aquaculture Pty Ltd
(AG2021/4837)

PETUNA CRESSY HATCHERY ENTERPRISE AGREEMENT 2020

Aquaculture
COMMISSIONER LEE	MELBOURNE, 10 MAY 2021

Application for approval of the Petuna Cressy Hatchery Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Petuna Cressy Hatchery Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petuna Aquaculture Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 9.4.5 – Right to request casual conversion.

However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2021. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Petuna Aquaculture Pty Ltd applied for approval of the Petuna Cressy Hatchery Enterprise Agreement 2020, which was to be made between the company and the employees. The Fair Work Commission was the court that dealt with the application. The primary legal issue the court had to decide was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was in the best interests of the employees and whether it provided fair terms and conditions of employment.

The court examined the agreement to ensure it met the criteria for approval under the Fair Work Act. The court found that the agreement contained provisions for minimum wages, overtime, penalty rates, and other employment conditions that were consistent with the relevant awards and enterprise bargaining. The court also found that the agreement had been negotiated in good faith and that it provided for the fair and efficient operation of the hatchery. The court concluded that the agreement was in the best interests of the employees and that it provided fair terms and conditions of employment.

The court approved the Petuna Cressy Hatchery Enterprise Agreement 2020, finding that it met the legal requirements for approval. The court ordered that the agreement be registered with the Fair Work Commission and that it be in effect from the date of approval. The decision was a significant victory for Petuna Aquaculture Pty Ltd, as it ensured that the company could continue to operate the hatchery with a stable workforce and fair employment conditions.

Petuna Aquaculture 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