The Royal Agricultural Society Of NSW

[2023] FWCA 2384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Royal Agricultural Society Of NSW

(AG2023/2345)

THE ROYAL AGRICULTURAL SOCIETY OF NSW AND THE AUSTRALIAN WORKERS’ UNION WORKPLACE AGREEMENT 2023

Amusement, events and recreation industry
DEPUTY PRESIDENT DEAN	CANBERRA, 1 AUGUST 2023

Application for approval of The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2023.

An application has been made for approval of an enterprise agreement known as the The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royal Agricultural Society of NSW. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a workplace agreement between The Royal Agricultural Society of NSW and the Australian Workers' Union for the year 2023. The application was heard in the Federal Circuit and Family Court of Australia. The primary dispute centred on whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the statutory provisions and whether it contained genuine bargaining between the parties. Specific issues included the fairness of the terms, the absence of any discriminatory provisions, and the extent to which the agreement facilitated the resolution of workplace issues without resort to industrial action.

The court examined the terms of the agreement and found that it satisfied the criteria for approval under the Fair Work Act. The court noted that the agreement included provisions for fair and equitable treatment of employees, reasonable dispute resolution mechanisms, and no discriminatory terms. The court also found that the agreement had been negotiated in good faith and was made without coercion. Consequently, the court approved the workplace agreement.

As a result of the court's decision, The Royal Agricultural Society of NSW and the Australian Workers' Union's Workplace Agreement 2023 was approved, allowing it to be implemented as a legally binding document between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established