Windolf Farms Pty Ltd

[2025] FWCA 350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Windolf Farms Pty Ltd

(AG2024/5147)

WINDOLF FARMS PTY LTD ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER SCHNEIDER	PERTH, 29 JANUARY 2025

Application for approval of the Windolf Farms Pty Ltd Enterprise Agreement 2023

Windolf Farms Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Windolf Farms Pty Ltd Enterprise Agreement 2023 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 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.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Horticulture Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 29 January 2029.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Windolf Farms Pty Ltd, sought approval of an enterprise agreement in the Fair Work Commission. The dispute concerned terms and conditions of employment for farm workers. The court was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it had been made in good faith and without coercion.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the terms and conditions of employment, and if the process of making the agreement was free from any procedural unfairness or coercion. The court examined the fairness of the negotiation process, the content of the agreement, and whether it provided for a fair and reasonable outcome for both parties.

The court found that the agreement was made in good faith and did not contain any unfair terms. It held that the negotiation process was procedurally fair, and there was no evidence of coercion. The court also determined that the terms of the agreement were reasonable and provided for a fair outcome for both the employees and the employer. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Windolf Farms Pty Ltd Enterprise Agreement 2023, with the terms and conditions as set out in the agreement. The court also mandated that the employer adhere to the terms of the agreement and ensure its implementation in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established