DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for JW & SI Kingston Family Trust T/A Wilarene
(AG2016/6104)

WILARENE ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Wilarene Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wilarene Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for JW & SI Kingston Family Trust T/A Wilarene. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 November 2016 and, in accordance with s.54, will operate from 24 November 2016. The nominal expiry date of the Agreement is 17 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Trustee for the JW & SI Kingston Family Trust, trading as Wilarene, which applied for approval of the Wilarene Enterprise Agreement 2016. The Fair Work Commission, Australia's workplace relations tribunal, heard the application. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it was made in good faith and if it provided for a fair and efficient workplace.

The court had to determine if the agreement was genuinely negotiated, whether it covered all necessary aspects of the workplace, and if it provided adequate protections and benefits for the employees. Additionally, the court examined if the agreement was fair and reasonable in all its terms and if it complied with the requirements of the Fair Work Act, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the Wilarene Enterprise Agreement 2016 was indeed made in good faith and covered all necessary aspects of the workplace. It concluded that the agreement provided fair and adequate protections and benefits for the employees. The Commission approved the agreement based on its comprehensive nature, the genuine negotiation process, and its compliance with the Fair Work Act. The decision underscored the importance of agreements that balance the interests of both employers and employees, ensuring a fair and efficient workplace.

The final orders confirmed the approval of the Wilarene Enterprise Agreement 2016, effective from the date of the decision, providing a legally binding framework for the workplace relations within the company.

The Trustee for JW & SI Kingston Family Trust T/A Wilarene

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established