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

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Pitson Holdings Pty Ltd, trading as Delta Backpackers, which sought approval for the Delta Backpackers Enterprise Agreement 2018. The application was made in the context of potential variations to the existing agreement, which was subject to a dispute over certain terms and conditions of employment for the workers involved. The Commission had to determine whether the proposed changes were fair and reasonable, and whether the application for approval met the requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were in compliance with the statutory criteria for approval and whether they fairly reflected the interests of the employees. The Commission needed to assess the fairness of the proposed changes, including any alterations to pay rates, working conditions, and other employment terms. Additionally, the Commission considered the procedural fairness in how the application had been handled and whether the employees' rights to be fairly represented and consulted had been upheld.

The Commission found that the application for approval of the Delta Backpackers Enterprise Agreement 2018 met the statutory requirements and was fair and reasonable. The proposed changes were deemed to be in the best interests of the employees, considering the evidence presented regarding the need for certain adjustments in light of economic and operational realities faced by the employer. The Commission concluded that the application was procedurally sound and that the employer had demonstrated a commitment to fair and reasonable terms. The application was thus approved, enabling the updated agreement to come into effect.

The final orders of the Commission were that the Delta Backpackers Enterprise Agreement 2018, as varied, be approved and registered with effect from the date of the decision. This outcome was based on the findings that the application met all necessary criteria and that the variations were fair and reasonable, thereby ensuring the continued operation of the enterprise under a legally compliant agreement.

Pitson Holdings Pty Ltd T/A Delta Backpackers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established