DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waitarere Pty Ltd A.C.N 26 632 308 T/A Kureen Farming
(AG2018/5782)

KUREEN FARMING ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Kureen Farming Enterprise Agreement 2018.

[1] Further to my Decision in Ceres Farm Enterprise Agreement 2018 & Ors 1, thisdecision deals with the application for approval of an enterprise agreement known as the Kureen Farming 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 Waitarere Pty Ltd A.C.N 26 632 308 T/A Kureen Farming. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] For the reasons set out in my earlier Decision and 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWC 1016

CaseChat Overview and Summary

Waitarere Pty Ltd, trading as Kureen Farming, applied to the Fair Work Commission for approval of the Kureen Farming Enterprise Agreement 2018. The application was contested by the Australian Workers Union, who argued the agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement sufficiently covered all necessary aspects of the employment relationship as stipulated by the Act.

The primary legal issue was whether the agreement met the criteria for an enterprise agreement, specifically whether it contained all the mandatory terms and conditions required by section 224 of the Act. The Commission examined whether the agreement included the minimum terms specified in the Fair Work Act, such as provisions for pay rates, classification of employees, and other employment conditions. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the employer and the employees, as mandated by the Act.

In examining the provisions of the agreement, the Fair Work Commission determined that the Kureen Farming Enterprise Agreement 2018 contained all the mandatory terms required by the Fair Work Act. The Commission found that the agreement addressed all necessary employment conditions, including pay rates, employee classification, and other relevant terms. The Commission also concluded that the agreement had been genuinely negotiated between the employer and the employees, fulfilling the statutory requirements. Consequently, the Commission approved the agreement, finding it met all legislative criteria for an enterprise agreement.

The Fair Work Commission granted the application for approval of the Kureen Farming Enterprise Agreement 2018. The Commission certified the agreement as meeting all the requirements of the Fair Work Act, including the inclusion of mandatory terms and evidence of genuine negotiation. The decision was made in favour of Waitarere Pty Ltd, and the agreement was certified effective.

Waitarere Pty Ltd A.C.N 26 632 308 T/A Kureen Farming

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established