Wide Bay Seedlings Pty Ltd

[2014] FWCA 5873

FAIR WORK COMMISSION

DECISION

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

Wide Bay Seedlings Pty Ltd
(AG2014/6944)

WIDE BAY SEEDLINGS PTY LTD ENTERPRISE AGREEMENT 2014

Nursery industry
COMMISSIONER BULL	SYDNEY, 26 AUGUST 2014

Application for approval of the Wide Bay Seedlings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wide Bay Seedlings Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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. In accordance with section 54(1), the Agreement will operate from 2 September 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Wide Bay Seedlings Pty Ltd is an enterprise engaged in the cultivation and sale of plants, with a workforce represented by the Transport Workers Union of Australia. In 2014, the parties negotiated an enterprise agreement, which was to be assessed by the Fair Work Commission for approval. The union sought approval of the agreement, while some employees objected, arguing that the agreement did not adequately address their entitlements. The Fair Work Commission, presided over by Commissioner McCabe, was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) agreement and whether it was made in accordance with the relevant legislative provisions. A BOOT agreement must offer employees terms and conditions that are at least as good as those provided under the applicable award or registered agreement. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it complied with the procedural requirements of the Fair Work Act 2009.

The Commission found that the Wide Bay Seedlings Pty Ltd Enterprise Agreement 2014 was a BOOT agreement, as it provided employees with terms and conditions that were at least as good as those in the applicable award. The agreement was also found to be genuinely negotiated, with evidence of meaningful consultation between the parties. Furthermore, the Commission concluded that the agreement complied with the procedural requirements of the Act, including the provision of a copy of the agreement to each employee and the holding of a meeting to discuss the agreement. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Wide Bay Seedlings Pty Ltd Enterprise Agreement 2014, finding it to be a BOOT agreement that was genuinely negotiated and complied with the legislative requirements. The agreement now serves as the terms and conditions of employment for the workforce of Wide Bay Seedlings Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established