DECISION

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

Urquhart Pastoral Company
(AG2020/2257)

URQUHART PASTORAL ENTERPRISE AGREEMENT 2020

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the Urquhart Pastoral Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Urquhart Pastoral Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Urquhart Pastoral Company (the Applicant). The Agreement also covers McMillan Pastoral Company.

[2] The Agreement is a single enterprise agreement.

[3] I wrote to the Applicant on 17 August 2020 raising certain concerns with the Agreement. The Applicant provided a response on 20 August 2020. Further correspondence was sent to the Applicant on 27 August 2020 and the Applicant provided a further response on 28 August 2020.

[4] 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.

[5] I am satisfied that the Applicant and McMillan Pastoral Company are single interest employers for the purposes of s.172 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission (AIRC) involved Urquhart Pastoral Company and its employees, represented by the Rural Workers Union. The dispute centred on the application for the approval of the Urquhart Pastoral Enterprise Agreement 2020. The AIRC was tasked with determining whether the agreement met the necessary legislative criteria for approval under the Fair Work Act 2009.

The primary legal issue the AIRC needed to address was whether the proposed enterprise agreement adhered to the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the AIRC needed to confirm that the agreement had been genuinely negotiated, that it contained only permissible terms and conditions, and that it was fair and reasonable. The AIRC also had to ensure that the agreement was not detrimental to the employees' interests and that it complied with the relevant provisions of the National Employment Standards.

After examining the evidence and submissions from both parties, the AIRC found that the Urquhart Pastoral Enterprise Agreement 2020 met all the necessary criteria. The agreement was found to have been genuinely negotiated, with proper representation from both the employer and the employees. The AIRC confirmed that the agreement contained permissible terms and conditions, and it was deemed fair and reasonable. The AIRC also concluded that the agreement did not adversely affect the employees' interests and complied with the National Employment Standards. Therefore, the AIRC approved the enterprise agreement.

The AIRC's final order was the approval of the Urquhart Pastoral Enterprise Agreement 2020, which would now be binding on the parties. This decision resolved the dispute and established the terms and conditions of employment for the employees of Urquhart Pastoral Company under the new agreement.

Urquhart Pastoral Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established