DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raffa Fields Pty Ltd
(AG2018/4918)

RAFFA FIELDS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2019

Application for approval of the Raffa Fields Pty Ltd and Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Raffa Fields Pty Ltd and Employees 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 Raffa Fields 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 8 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Raffa Fields Pty Ltd for approval of the Raffa Fields Pty Ltd and Employees Enterprise Agreement 2018. The applicant sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the court were whether the agreement met the requirements for approval under the Act, including whether it had been made in good faith and whether it provided for the proper operation of businesses.

The court examined the process by which the agreement was negotiated and the extent to which it complied with the relevant provisions of the Act. The court also considered whether the agreement provided for a fair and reasonable method of determining the terms and conditions of employment and whether it provided adequate protection for employees. The applicant argued that the agreement was fair and reasonable and provided for the proper operation of its business. The respondent argued that the agreement did not provide adequate protection for employees.

The court found that the agreement was made in good faith and that it provided for the proper operation of the applicant's business. The court also found that the agreement provided for a fair and reasonable method of determining the terms and conditions of employment and that it provided adequate protection for employees. The court was satisfied that the agreement met the requirements for approval under the Act. The application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Raffa Fields Pty Ltd and Employees Enterprise Agreement 2018. The agreement is now a registered agreement under the Fair Work Act 2009. The parties are bound by the terms of the agreement, and it will apply to all employees covered by the agreement. The agreement provides for the terms and conditions of employment for the employees, including their wages, hours of work, leave entitlements, and other employment-related matters. The agreement also includes provisions for the resolution of disputes between the parties.

Raffa Fields 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