DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surf & Turf Cattle Operations Pty Ltd
(AG2019/3974)

LEGUNE STATION ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2019

Application for approval of the Legune Station Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Legune Station Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surf & Turf Cattle Operations Pty Ltd. 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 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 18 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf & Turf Cattle Operations Pty Ltd applied to the Fair Work Commission for approval of the Legune Station Enterprise Agreement 2019. The respondents, who were employees of Surf & Turf, opposed the application on various grounds, including that the agreement did not adequately protect their rights and entitlements. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and entitlements. The court also considered whether the agreement had been fairly negotiated and whether it met the standard of being a "better off overall test" for the employees.

The court found that the agreement did not adequately protect the employees' rights and entitlements, particularly in relation to pay rates and conditions. The court noted that the agreement did not provide for a specific rate of pay for casual employees and did not include provisions for penalty rates for Sunday work. The court also found that the agreement had not been fairly negotiated, as the employees had not been given adequate opportunities to participate in the negotiation process. As a result, the court refused to approve the agreement.

The court ordered that the application for approval of the Legune Station Enterprise Agreement 2019 be dismissed. The court also ordered that the agreement be returned to the parties for further negotiation and that the parties endeavour to reach an agreement that adequately protects the rights and entitlements of the employees and meets the better off overall test.

Surf & 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