DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Industries Research and Development Corporation T/A AgriFutures Australia
(AG2018/6756)

AGRIFUTURES AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the AgriFutures Australia Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AgriFutures Australia Enterprise Agreement 2018-2021 (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.

[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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 26 – Annual Leave – annual leave is expressed as 20 days which may be inconsistent with the 4 weeks provided for under the 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 18 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Rural Industries Research and Development Corporation trading as AgriFutures Australia, sought approval of the AgriFutures Australia Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, with the decision made by Deputy President L C Byrne. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues addressed were whether the agreement complied with the provisions of the Fair Work Act, including whether it was made in good faith and covered the required matters. Additionally, the court needed to consider whether the agreement provided for a fair and efficient workplace, including provisions for the resolution of workplace disputes. The court also had to examine if the agreement met the "better-off overall test", which requires that employees are not worse off under the new agreement compared to the previous one.

The court found that the agreement was made in good faith and covered all necessary matters as stipulated by the Fair Work Act. It also concluded that the agreement was fair and efficient, providing appropriate mechanisms for resolving workplace disputes. The better-off overall test was met, as the agreement did not result in employees being worse off financially or in terms of conditions. The court approved the agreement, finding it met all legal requirements.

As a result, the Fair Work Commission approved the AgriFutures Australia Enterprise Agreement 2018-2021, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the employees covered by it, subject to the terms and conditions set out in the agreement.

Rural Industries Research and Development Corporation T/A AgriFutures Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established