DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Propick Pty Ltd T/A Propick
(AG2018/3621)

PROPICK PTY LTD ENTERPRISE AGREEMENT

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Propick Pty Ltd Enterprise Agreement.

[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 Propick Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Propick Pty Ltd T/A Propick. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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

Propick Pty Ltd, trading as Propick, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to formalise various terms and conditions of employment for its employees. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval. Specifically, the Commission needed to determine if the agreement complied with the formal requirements for enterprise agreements, including the provision of necessary information, the process followed in making the agreement, and whether the agreement met the good faith bargaining standard. Additionally, the Commission had to consider if the agreement provided for appropriate minimum terms and conditions of employment.

The Fair Work Commission found that the application for approval met the formal requirements under the Fair Work Act. The Commission noted that the agreement was made in good faith and provided for appropriate minimum terms and conditions. The Commission was satisfied that the process followed in making the agreement was procedurally fair and that all necessary information had been provided. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Propick Pty Ltd Enterprise Agreement, thereby formalising the terms and conditions of employment for the employees of Propick Pty Ltd. The approval ensures that the agreement will provide a framework for the relationship between the employer and employees, subject to the provisions of the Fair Work Act.

Propick Pty Ltd T/A Propick

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established