DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willing Workers Pty Ltd as trustee for the Willing Workers Trust T/A Willing Workers
(AG2020/3100)

WILLING WORKERS PTY LTD ENTERPRISE AGREEMENT 2020

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2020

Application for approval of the Willing Workers Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Willing Workers Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Willing Workers Pty Ltd as trustee for the Willing Workers Trust T/A Willing Workers. 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2020. The nominal expiry date of the Agreement is 29 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Willing Workers Pty Ltd as trustee for the Willing Workers Trust T/A Willing Workers applied to the Fair Work Commission for approval of their enterprise agreement. The dispute arose from negotiations between Willing Workers and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission involved whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it was made in accordance with the procedural requirements stipulated by the Act.

The Commission considered whether the agreement was genuinely negotiated and contained provisions that ensured a fair and efficient workplace. It also examined if the agreement contained minimum terms and conditions that were consistent with the safety nets established by the Act, and if the bargaining process complied with the procedural prerequisites. The Commission found that the agreement was the product of genuine negotiations and contained provisions that ensured fair and efficient determination of employment terms and conditions. Furthermore, the agreement met the minimum terms and conditions required by the Act, and the procedural requirements were adhered to during the bargaining process.

In light of these findings, the Fair Work Commission approved the Willing Workers Pty Ltd Enterprise Agreement 2020, recognising it as meeting the statutory criteria for approval. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was fairly negotiated and contained provisions that ensured a fair and efficient workplace, while also complying with the minimum terms and conditions and procedural requirements of the Act.

Willing Workers Pty Ltd as trustee for the Willing Workers Trust T/A Willing Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established