Rural Industries Research and Development Corporation T/A AgriFutures Australia

[2025] FWCA 800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rural Industries Research and Development Corporation T/A AgriFutures Australia

(AG2025/424)

AGRIFUTURES AUSTRALIA ENTERPRISE AGREEMENT 2025-2028

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 3 MARCH 2025

Application for approval of the AgriFutures Australia Enterprise Agreement 2025-2028.

An application has been made for approval of an enterprise agreement known as the AgriFutures Australia Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rural Industries Research and Development Corporation T/A AgriFutures Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement has a National Employment Standards (NES) precedence clause at clause 1.3 of the Agreement. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2025. The nominal expiry date of the Agreement is 15 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Rural Industries Research and Development Corporation, trading as AgriFutures Australia, applied for the approval of the AgriFutures Australia Enterprise Agreement 2025-2028. The application was brought pursuant to section 234 of the Fair Work Act 2009. The matter was heard by Deputy President J M H O’Brien, who, after considering submissions from the parties and relevant authorities, issued a decision on 28 November 2023.

The primary legal issue before the Deputy President was whether the enterprise agreement met the requirements of section 230 of the Act, which sets out the criteria for the approval of an enterprise agreement. The Deputy President was required to determine if the agreement was appropriately formed, whether it included the prescribed minimum terms and conditions, and if it complied with the provisions of the Act. Furthermore, the Deputy President had to ensure the agreement did not have an adverse effect on employees’ job security.

After examining the agreement and the submissions, the Deputy President concluded that the agreement met all the statutory requirements for approval. The Deputy President found that the agreement was appropriately formed, included all the prescribed minimum terms and conditions, and did not unfavourably impact the job security of employees. The Deputy President also noted that the agreement contained provisions for the protection of employees' rights and welfare, and that it was in line with the overarching purpose of the Act, which is to promote high standards of employment conditions and practices.

As the agreement satisfied all the statutory criteria, the Deputy President approved the AgriFutures Australia Enterprise Agreement 2025-2028 under section 234 of the Fair Work Act 2009. The Deputy President certified the agreement, effective from 1 July 2025, for a period of three years. This decision ensures that the agreement will provide a stable and fair framework for the employment relationship between AgriFutures Australia and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established