DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Turnbull Brothers Orchards P/L
(AG2015/4864)

TURNBULL BROTHERS ORCHARDS P/L AND EMPLOYEES ENTERPRISE AGREEMENT 2015

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 SEPTEMBER 2015

Application for approval of the Turnbull Brothers Orchard P/L and Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Turnbull Brothers Orchard P/L and Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 18 september 2015. The nominal expiry date of the Agreement is 30 June 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turnbull Brothers Orchards P/L applied for approval of the Turnbull Brothers Orchard P/L and Employees Enterprise Agreement 2015, which was registered with the Fair Work Commission. The application was heard in the Fair Work Commission, and the decision was rendered by Deputy President Mortimer. The applicants sought approval of the enterprise agreement, which was made under section 173 of the Fair Work Act 2009. The applicants argued that the agreement was appropriate for the employees, and the application was made on the basis that the agreement was fair and reasonable.

The legal issues the court had to decide were whether the enterprise agreement was fair and reasonable and whether it met the criteria for approval under section 177 of the Fair Work Act 2009. The court had to determine whether the agreement provided for appropriate mechanisms for resolving disputes, whether it provided for appropriate pay and conditions, and whether it was fair and reasonable in all its terms. The court also had to consider whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court found that the agreement was fair and reasonable in all its terms and met the criteria for approval under the Fair Work Act 2009. The court noted that the agreement provided for appropriate mechanisms for resolving disputes and that it provided for appropriate pay and conditions. The court also found that the agreement was made in good faith and that it complied with the relevant provisions of the Fair Work Act 2009. The court approved the enterprise agreement and made an order accordingly.

The final order was that the Turnbull Brothers Orchard P/L and Employees Enterprise Agreement 2015 be approved and registered under section 177 of the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements, and the applicants were directed to take all necessary steps to give effect to the agreement. The order was made on 16 February 2015.

Turnbull Brothers Orchards P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established