Sylvan Australia Pty Ltd

[2022] FWCA 4473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sylvan Australia Pty Ltd

(AG2022/5135)

Sylvan Australia Enterprise Agreement 2022—2026

Agricultural industry
COMMISSIONER MCKINNON	SYDNEY, 19 DECEMBER 2022

Application for approval of the Sylvan Australia Enterprise Agreement 2022—2026

Sylvan Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Sylvan Australia Enterprise Agreement 2022—2026 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 26 December 2022. The nominal expiry date of the Agreement is 19 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Sylvan Australia Pty Ltd applied for the approval of the Sylvan Australia Enterprise Agreement 2022-2026. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for a fair and reasonable safety net for employees, whether it included minimum rates of pay and conditions, and whether it complied with the requirements for approval under the Fair Work Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employer.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement provided for a fair and reasonable safety net for employees and included minimum rates of pay and conditions. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and was in the best interests of both the employees and the employer. The Commission approved the agreement, subject to certain conditions and requirements outlined in the decision.

The final orders included the approval of the Sylvan Australia Enterprise Agreement 2022-2026, with specific conditions and requirements that the parties must adhere to. These included the provision of certain information to employees, the establishment of a dispute resolution process, and the requirement for the employer to provide notice of any proposed changes to the agreement. The decision provides clarity and certainty for both parties and sets out the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established