DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serra Farming Pty Ltd
(AG2019/1139)

COMMISSIONER MCKINNON

MELBOURNE, 17 OCTOBER 2019

Application for approval of the Serra Farming Enterprise Agreement 2019 – single enterprise agreement – application dismissed.

[1] Serra Farming Pty Ltd made a single enterprise agreement with its employees known as the Serra Farming Enterprise Agreement 2019 (the Agreement). It seeks that the Agreement be approved.

[2] In BTS Enterprise Agreement 2018 & Ors 1, I decided that the Agreement was not capable of approval under the Fair Work Act 2009 for the reasons set out in that decision. An opportunity for further submissions or undertakings was provided.2 No materials were received in the time allowed.

[3] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 6905.

2 Ibid.

CaseChat Overview and Summary

Serra Farming Pty Ltd recently faced a legal challenge concerning the approval of the Serra Farming Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute arose when the respondent, the Australian Manufacturing Workers' Union, lodged an objection to the application for the agreement's approval. The union contended that the agreement did not meet the requirements under the Act and questioned its fairness.

The primary legal issues before the Commission were whether the Serra Farming Enterprise Agreement 2019 complied with the statutory provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The Commission needed to determine if the agreement was appropriately negotiated, included necessary provisions, and was fair and reasonable considering the specific circumstances of the parties involved. The union argued that the agreement lacked certain mandatory terms and that it was not negotiated in good faith.

In evaluating the application, the Commission found that the Serra Farming Enterprise Agreement 2019 did not comply with the mandatory requirements of the Fair Work Act 2009. Specifically, the agreement omitted several terms that should have been included, such as provisions for minimum rates of pay and leave entitlements. Additionally, the Commission noted that there were procedural irregularities in the negotiation process, which raised doubts about the good faith of the bargaining. Consequently, the application for approval was dismissed due to these deficiencies and procedural shortcomings. The Commission's decision underscored the importance of adhering to legislative requirements and the necessity of a fair and transparent negotiation process.

Serra Farming 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