Pitson Holdings Pty Ltd T/A Delta Backpackers

[2019] FWCA 1349

[2019] FWCA 1349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pitson Holdings Pty Ltd T/A Delta Backpackers
(AG2018/5756)

DELTA BACKPACKERS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Delta Backpackers Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Delta Backpackers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pitson Holdings Pty Ltd T/A Delta Backpackers. The Agreement is a single enterprise agreement.

[2] A concern was raised about the number of employees employed at the time the Agreement was made. Revised supporting material addressing the concern has been filed in the Commission to address the concern. It indicates that while there were a number of employees employed by the employer, only two chose to participate in the agreement making process in any substantive way. On the material before me, I am satisfied that the employer took the requisite steps to make the Agreement with its employees and that despite the low level of participation of employees, the Agreement was genuinely agreed.

[3] 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.

[4] For the reasons set out in my earlier Decision and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

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Annexure A

 1   [2019] FWC 1016