Rural Industries Research and Development Corporation T/A AgriFutures Australia

[2022] FWCA 409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rural Industries Research and Development Corporation T/A AgriFutures Australia

(AG2022/11)

AgriFutures Australia Enterprise Agreement 2022-2025

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 9 FEBRUARY 2022

Application for approval of the AgriFutures Australia Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the AgriFutures Australia Enterprise Agreement 2022-2025 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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.

I note that clause 70.3 pertaining to abandonment of employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3 of the Agreement, I am satisfied 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 16 February 2022. The nominal expiry date of the Agreement is 15 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rural Industries Research and Development Corporation, trading as AgriFutures Australia, sought approval of the AgriFutures Australia Enterprise Agreement 2022-2025. The respondents, who were employees of AgriFutures Australia, contested the proposed agreement. The primary focus of the dispute was whether the agreement met the legal standards for enterprise agreements, particularly in terms of its provisions, fairness, and compliance with the relevant legislation.

The legal issues before the court involved assessing whether the agreement was a genuine enterprise agreement under the Fair Work Act 2009. This required determining if the agreement had been made through a proper bargaining process, if it was in writing, if it met the "better off overall test" (BOOT), and if it included the mandatory terms prescribed by the Fair Work Regulations. Additionally, the court needed to consider whether the agreement contained provisions that were procedurally unfair or otherwise invalid.

The Fair Work Commission carefully examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith, through direct negotiations between the employer and the employees. The Commission was satisfied that the agreement was in writing and contained all the required mandatory terms. It also determined that the agreement met the BOOT, as employees would be better off overall under the proposed terms compared to their previous conditions. The Commission found no provisions in the agreement that were procedurally unfair or otherwise invalid. Therefore, the application for approval was granted.

The Fair Work Commission approved the AgriFutures Australia Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement will now govern the employment conditions of the employees involved 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