DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance Exchange Pty Ltd
(AG2021/5313)

ADVANCE EXCHANGE AND AWU - COSTA MUSHROOM CATEGORY AGREEMENT 2021

Agricultural industry
DEPUTY PRESIDENT DEAN	CANBERRA, 7 JUNE 2021

Application for approval of the Advance Exchange and AWU - Costa Mushroom Category Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Advance Exchange and AWU - Costa Mushroom Category Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advance Exchange Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2021. The nominal expiry date of the Agreement is 26 February 2024.

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 Mushroom Category Agreement 2021. The applicant, a company operating in the mushroom farming industry, and the Australian Workers Union, sought to formalise the terms and conditions of employment for employees within the Costa Mushroom category. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms, did not provide for terms and conditions that were worse off overall, and complied with the relevant provisions of the Fair Work Act. The Commission had to consider the fairness of the agreement's terms, the process by which it was negotiated, and its alignment with contemporary standards of workplace fairness and industrial relations.

After careful consideration of the evidence and submissions, the Commission found that the agreement did meet the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and did not result in employees being worse off overall. The Commission noted the comprehensive nature of the agreement and the fact that it had been negotiated in good faith. The Commission also found that the agreement was consistent with contemporary standards and did not contain any provisions that were contrary to public policy.

Accordingly, the Commission approved the Advance Exchange and AWU - Costa Mushroom Category Agreement 2021. The agreement will now be registered with the Fair Work Commission and will apply to the relevant employees. The parties are now bound by the terms of the agreement, and any disputes arising under it will be subject to the dispute resolution processes outlined within the agreement.

Advance Exchange Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established