DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed
(AG2018/2373)

BTS PACKING SHED ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the BTS Packing Shed Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the BTS Packing Shed Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] For the reasons set out in my earlier Decision and subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

The case involved the partnership of Artemis Agriculture Pty Ltd and David D. Menzel and Karen F. Menzel, trading as BTS Packing Shed, which applied for the approval of the BTS Packing Shed Enterprise Agreement 2018. The Fair Work Commission, which oversees workplace agreements in Australia, was the forum for this application. The applicants sought to have the agreement, which was made between the employers and their employees, officially recognised and binding.

The legal issues before the Commission were primarily whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included verifying that the agreement was made in good faith, that it was not coerced, and that it provided a safety net of minimum wages and conditions. Furthermore, the Commission needed to determine if the agreement provided fair and reasonable terms for the employees, and whether it was certified by an independent certifier as meeting the requirements of the Act.

In rendering its decision, the Fair Work Commission examined the process by which the agreement was negotiated and whether it adhered to the procedural fairness standards. The Commission also considered the content of the agreement, assessing whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the safety net provided by the Act. The Commission found that the agreement met all the necessary criteria for approval, and accordingly, the application was successful. The agreement was thus approved and registered, making it a legally binding document for the parties involved.

The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established