Stahmann Farms Enterprises Pty Ltd

Case [2015] FWCA 676


[2015] FWCA 676
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

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

Stahmann Farms Enterprises Pty Ltd
(AG2014/10992)

STAHMANN FARMS ENTERPRISE AGREEMENT 2015-2017

Agricultural industry

DEPUTY PRESIDENT ASBURY

BRISBANE, 30 JANUARY 2015

Application for approval of the Stahmann Farms Enterprise Agreement 2015-2017.

[1] Stahmann Farms Enterprises Pty Ltd applies for approval of an enterprise agreement known as the Stahmann Farms Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate as per clause 3 of the Agreement. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

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Details
AGLC
Stahmann Farms Enterprises Pty Ltd [2015] FWCA 676
Case
[2015] FWCA 676
Decision Date

CaseChat Overview and Summary

Stahmann Farms Enterprises Pty Ltd was the subject of an application for the approval of the Stahmann Farms Enterprise Agreement 2015-2017, which was heard in the Fair Work Commission. The applicant, Stahmann Farms, sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements of the Act and provided adequate protections for the employees.

The legal issues that the Commission had to decide included whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it provided appropriate protections for the employees. The Commission also had to consider whether the agreement was consistent with the Fair Work Act and other relevant legislation.

The Fair Work Commission approved the agreement, finding that it was a genuine enterprise agreement made in good faith and provided appropriate protections for the employees. The Commission found that the agreement met all the requirements of the Fair Work Act and was consistent with other relevant legislation. The Commission also found that the agreement provided adequate protections for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was in the best interests of the employees and the employer. The final orders of the Commission included the approval of the Stahmann Farms Enterprise Agreement 2015-2017, which will be in effect for the period of 2015 to 2017.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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