W. F. Montague Pty Ltd T/A Montague

[2022] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

W. F. Montague Pty Ltd T/A Montague

(AG2022/2043)

W.F. Montague Pty Ltd & United Workers Union Enterprise Agreement 2022

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 14 JULY 2022

Application for approval of the W.F. Montague Pty Ltd & United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the W.F. Montague Pty Ltd & United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W. F. Montague Pty Ltd T/A Montague. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United 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 21 July 2022. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of an enterprise agreement between W. F. Montague Pty Ltd, trading as Montague, and the United Workers Union. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement for the year 2022. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the necessary criteria for approval under the legislation.

The key legal issues addressed by the Commission involved the fairness and reasonableness of the proposed agreement. This included scrutiny of whether the agreement provided for appropriate mechanisms for resolving disputes, whether it included provisions that were contrary to the public interest, and whether it provided for appropriate protections for employees. Additionally, the Commission examined whether the agreement had been fairly negotiated and whether it provided for a proper balance between the interests of the employer and the employees.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms and that the terms were fair and reasonable. It was also determined that the agreement had been fairly negotiated and did not contain provisions that were contrary to the public interest. Consequently, the Commission approved the W.F. Montague Pty Ltd & United Workers Union Enterprise Agreement 2022. The decision was made on the basis that the agreement provided for a proper balance of the interests of both the employer and the employees, and complied with all necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established