Advance Exchange Pty Ltd

[2013] FWCA 6184[Note: An appeal pursuant to s.604 (C2014/1398) was lodged against this decision - refer to Full Bench decision dated 20 November 2014 [[2014] FWCFB 7938] for result of appeal.]

FAIR WORK COMMISSION

DECISION

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

Advance Exchange Pty Ltd
(AG2013/2422)

ADVANCE EXCHANGE AND AWU COSTA EXCHANGE - MUSHROOM CATEGORY ENTERPRISE AGREEMENT 2013

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 AUGUST 2013

Application for approval of the Advance Exchange and AWU Costa Exchange - Mushroom Category Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Advance Exchange and AWU Costa Exchange - Mushroom Category Enterprise Agreement 2013 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 3 September 2013. The nominal expiry date of the Agreement is 26 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Advance Exchange Pty Ltd applied to the Fair Work Commission for approval of the Advance Exchange and AWU Costa Exchange - Mushroom Category Enterprise Agreement 2013. The Australian Workers' Union opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained adequate provisions for employee entitlements and the process for resolving disputes.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for leave entitlements, minimum wage rates, and dispute resolution mechanisms. The Commission examined the evidence and submissions from both parties, including the views of the employees represented by the union. The Commission determined that the agreement did not provide for adequate provisions for employee entitlements and the process for resolving disputes, and therefore did not meet the requirements of the Act.

As a result, the Commission refused to approve the agreement. The decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and that the process for resolving disputes is effective and accessible. The refusal of the agreement may have implications for the employer and employees involved, and may lead to further negotiations or legal action. The final orders of the Commission included the refusal of approval of the enterprise agreement and directions for the parties to engage in further negotiations to address the deficiencies identified in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established