DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W F Montague Pty Ltd
(AG2019/2773)

W.F. MONTAGUE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the W.F. Montague Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the W.F. Montague Pty Ltd and National Union of Workers Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

W F Montague Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers, the employees' representative. The agreement, titled the W.F. Montague Pty Ltd and National Union of Workers Enterprise Agreement 2018, was contested by the union, leading to a dispute over its terms and conditions. The application was heard by the Fair Work Commission, which needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission involved the validity and enforceability of the agreement under the Act. These included whether the agreement met the requirements for good faith bargaining, the protection of employees' rights, and the provision of fair and reasonable terms. The Commission also had to assess whether the agreement contained any terms that were contrary to public policy or that failed to meet the requirements for the protection of employees' rights, such as minimum wage rates and conditions.

The Fair Work Commission examined the evidence and arguments presented by both parties. It found that the agreement was the result of good faith bargaining and contained terms that were fair and reasonable. The Commission concluded that the agreement provided adequate protections for employees' rights and did not contravene any public policy considerations. It also noted that the agreement included provisions for minimum wage rates and other conditions that met the requirements of the Act. As a result, the Commission approved the W.F. Montague Pty Ltd and National Union of Workers Enterprise Agreement 2018.

The Fair Work Commission approved the enterprise agreement, and it became effective from the date of the approval. The agreement sets out the terms and conditions of employment for the employees represented by the National Union of Workers, and it is binding on both the employer and the employees. The approval of the agreement resolves the dispute between the parties and provides a framework for their future industrial relations.

W F Montague Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established