DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willie Creek Pearl Farm Pty Ltd T/A Willie Creek Pearls; Willie Creek Pearl Farm; Pearl Luggers; Zookeepers Store
(AG2016/1259)

WILLIE CREEK PEARL FARM PTY LTD ENTERPRISE AGREEMENT 2016

Tourism industry
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Willie Creek Pearl Farm Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Willie Creek Pearl Farm Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Willie Creek Pearl Farm Pty Ltd T/A Willie Creek Pearls; Willie Creek Pearl Farm; Pearl Luggers; Zookeepers Store. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Agreement was approved on 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 20 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Willie Creek Pearl Farm Pty Ltd T/A Willie Creek Pearls, along with several associated entities, applied to the Fair Work Commission for the approval of the Willie Creek Pearl Farm Pty Ltd Enterprise Agreement 2016. The application was opposed by the Australian Council of Trade Unions. The legal issues before the commission were whether the enterprise agreement was made in good faith, the extent to which the agreement involved genuine negotiations, and whether the agreement satisfied the requirements of the Fair Work Act 2009.

The commission found that there were genuine negotiations between the parties, despite the absence of direct discussions between the employer and the unions. The employer's actions, including the distribution of a draft agreement to the unions and the subsequent negotiation of the agreement with a union representative, demonstrated a willingness to negotiate and a genuine intention to reach an agreement. The commission also determined that the enterprise agreement was made in good faith and met the statutory requirements of the Fair Work Act 2009. The application was approved, and the enterprise agreement was registered.

The final orders of the commission included the approval and registration of the Willie Creek Pearl Farm Pty Ltd Enterprise Agreement 2016, effective from 1 July 2016. The agreement was to remain in force until 30 June 2021, subject to the parties' rights to terminate the agreement in accordance with its terms. The commission also ordered that the agreement be published on the Fair Work Commission's website and that the employer provide a copy of the agreement to the Fair Work Ombudsman.

Willie Creek Pearl Farm Pty Ltd T/A Willie Creek Pearls; Willie Creek Pearl Farm; Pearl Luggers; Zookeepers Store

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established