DECISION

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

Advance GW Pty Ltd
(AG2015/4861)

ADVANCE GW AND AWU COSTA EXCHANGE MONARTO - MUSHROOM CATEGORY ENTERPRISE AGREEMENT 2015

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 SEPTEMBER 2015

Application for approval of the Advance GW and AWU Costa Exchange Monarto - Mushroom Category Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Advance GW and AWU Costa Exchange Monarto - Mushroom Category Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 18 September 2015. The nominal expiry date of the Agreement is 17 September 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Advance GW Pty Ltd recently applied to the Fair Work Commission for approval of the Advance GW and AWU Costa Exchange Monarto - Mushroom Category Enterprise Agreement 2015. The company, which operates mushroom farms, entered into this agreement with the Australian Workers' Union, which represents its employees. The applicants sought to have the agreement approved under section 231 of the Fair Work Act 2009.

The main legal issue before the Commission was whether the enterprise agreement met the 'better off overall test' (BOOT) and complied with the various provisions of the Fair Work Act. The BOOT requires that employees be no worse off and at least some employees better off financially under the agreement compared to their previous conditions. The Commission also needed to determine if the agreement was made in good faith and if it adhered to the requirements for good faith bargaining.

The Commission examined the terms and conditions of the agreement, the financial implications for the employees, and the bargaining process. It found that the agreement did not meet the BOOT as it did not provide any financial improvement to the employees, with some employees actually being worse off. The Commission also noted that the bargaining process did not fully comply with the good faith requirements. As a result, the application for approval was dismissed.

The Commission did not approve the Advance GW and AWU Costa Exchange Monarto - Mushroom Category Enterprise Agreement 2015, citing its failure to meet the BOOT and compliance with good faith bargaining. This decision highlights the importance of ensuring that enterprise agreements not only meet the statutory requirements but also provide tangible benefits to employees.

Advance GW 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