Turpentine Cattle Co. Pty Ltd Summary

[2025] FWCA 1959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Turpentine Cattle Co. Pty Ltd

(AG2025/1577)

TURPENTINE CATTLE CO ENTERPRISE AGREEMENT 2025

Agricultural industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 12 JUNE 2025

Application for approval of the Turpentine Cattle Co Enterprise Agreement 2025

This decision deals with an application made for approval of an enterprise agreement known as the Turpentine Cattle Co Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Turpentine Cattle Co. Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 June 2029.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Turpentine Cattle Co. Pty Ltd brought an application to the Fair Work Commission, seeking approval of a proposed Enterprise Agreement 2025. The applicant sought the agreement be made because it was intended to govern the employment terms and conditions of its employees. The Fair Work Commission was required to determine whether the agreement was in the interests of employees and employers, and whether it complied with the necessary legal requirements.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included examining whether the agreement provided for minimum terms and conditions, was not less favourable than the relevant award or registered agreement, and had been made in accordance with the prescribed process. Additionally, the Commission had to ensure the agreement did not discriminate against employees on the basis of protected attributes, and whether it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission examined the proposed agreement in detail and considered the submissions from the parties. It was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it did not undermine the existing protections for employees. The Commission found that the agreement met the statutory criteria for approval, and that it was not less favourable than the relevant award or other registered agreements. The Commission also considered the views of the employees and concluded that the agreement had been made in good faith and was in the interests of both parties.

Accordingly, the Fair Work Commission approved the Turpentine Cattle Co Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would then apply to the employees covered by it.

Turpentine Cattle Co. Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established