Windolf Farms Pty Ltd

[2025] FWCA 350

[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

1. 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).

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

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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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. 

1. 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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