DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wavertree Farms (NSW) Pty Ltd
(AG2015/6096)

WAVERTREE FARMS (NSW) PTY LTD - CASUAL EMPLOYEES - ENTERPRISE AGREEMENT 2015

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Wavertree Farms (NSW) Pty Ltd - Casual Employees - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wavertree Farms (NSW) Pty Ltd - Casual Employees - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 25 November 2015. The nominal expiry date of the Agreement is 18 November 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wavertree Farms (NSW) Pty Ltd recently applied to the Fair Work Commission for the approval of their Enterprise Agreement. This agreement pertains to the casual employees of the company, as outlined in their 2015 agreement. The application was opposed by the Retail and Fast Food Workers Union of Australia, which argued that the agreement did not meet the standards for "better off overall" and "in good faith" as stipulated by the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the proposed agreement was made in good faith and if it provided a better off overall outcome for the casual employees. The Commission examined the negotiation process, the terms of the agreement, and whether the agreement met the statutory requirements under the Fair Work Act. It was also crucial to determine whether the agreement provided adequate protections and benefits to the employees, considering the nature of their employment.

In its decision, the Fair Work Commission concluded that the proposed agreement was made in good faith and provided a better off overall outcome for the casual employees. The Commission found that the negotiation process was transparent and that the agreement's terms were fair and reasonable. The Commission emphasised that the agreement provided several benefits, including minimum wages, penalty rates, and leave provisions, which were considered adequate for casual employees. The Commission also noted that the agreement's provisions were consistent with industry standards and that the employees would benefit from the formalisation of their employment conditions.

The Fair Work Commission approved the Wavertree Farms (NSW) Pty Ltd - Casual Employees - Enterprise Agreement 2015, finding that it met the necessary statutory requirements and provided a fair and reasonable outcome for the employees.

Wavertree Farms (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established