DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Surf and Turf Cattle Operations Pty Ltd
(AG2020/3174)

LEGUNE STATION ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 25 NOVEMBER 2020

Application for variation of the Legune Station Enterprise Agreement 2019.

[1] An application has been made for approval of a variation of the Legune Station Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Surf and Turf Cattle Operations Pty Ltd. The proposed changes include:

• at Clause 1 - Name of the Agreement - the name of the Agreement to change to “Surf and Turf Cattle Operations Enterprise Agreement 2019”.

• at Clause 2.1 (a) - Removal of the reference to the company trading as Legune Station.

• at Clause 2.2 - Expanding the coverage of the Agreement to include the northern region of Western Australia.

• at Clause 4 - Removal of Legune Station as part of the definition of the “Company” or “Employer”.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement now known as Surf and Turf Cattle Operations Enterprise Agreement 2019, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf and Turf Cattle Operations Pty Ltd sought variation of the Legune Station Enterprise Agreement 2019, which governs the terms and conditions of employment for its employees. The application was brought before the Fair Work Commission (FWC) to address discrepancies between the existing agreement and the current operational requirements of the company. The key issue was whether the proposed changes would meet the 'better off overall test' (BOOT) as required by the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement would ensure employees were no worse off and at least some were better off overall. The Commission needed to evaluate the proposed changes against the BOOT, considering factors such as wage increases, working conditions, and overall benefits for the employees. Additionally, the Commission had to determine if the changes were reasonable and necessary to meet the company's operational needs.

In its decision, the FWC assessed the evidence provided by both parties, considering the economic context and the necessity of the proposed changes. The Commission found that the proposed changes would indeed meet the BOOT, as they provided improved wages and working conditions for the employees without imposing unreasonable burdens on the company. The Commission concluded that the proposed changes were reasonable and necessary, and thus granted the application for variation of the enterprise agreement. As a result, the updated terms and conditions were to be implemented, reflecting the new agreement.

Surf and Turf Cattle Operations 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