Pring Rural Employment Pty Ltd

[2024] FWCA 1037

[2024] FWCA 1037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pring Rural Employment Pty Ltd

(AG2024/365)

PRING RURAL EMPLOYMENT PTY LTD ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER HUNT	BRISBANE, 22 MARCH 2024

Application for approval of the Pring Rural Employment Pty Ltd Enterprise Agreement 2023

1. Pring Rural Employment Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Pring Rural Employment Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 November 2023 and the Agreement was made on 9 February 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings on a number of the concerns raised. I advised the Employer on 20 March 2024 that I continued to hold concerns. The employer responded, providing amended undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. For the purpose of ss.186(3) and (3A) of the Act the Agreement, I note that the Agreement covers all of the employees of the Employer.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2024. The nominal expiry date of the Agreement is 22 March 2028.

COMMISSIONER

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Annexure A – Undertakings