DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance GW Pty Ltd T/A Action Workforce
(AG2020/874)

ADVANCE GW PTY LTD AND AWU MUSHROOM CATEGORY MONARTO ENRERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER PLATT	ADELAIDE, 3 APRIL 2020

Application for approval of the Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Advance GW Pty Ltd T/A Action Workforce (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019 (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 April 2020.

[3] On 2 April 2020, my Chambers sent an email to the parties seeking clarification in relation to the pre-approval requirements. These matters were addressed by additional information provided by the Applicant on 3 April 2020.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019, between Advance GW Pty Ltd, trading as Action Workforce, and the Australian Workers' Union. The central dispute centred on whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009, including compliance with the "better-off-overall test" and other relevant provisions.

The primary legal issues revolved around the validity of the enterprise agreement under the Fair Work Act, specifically whether the agreement provided employees with a direct or indirect benefit that was better than what they would have obtained under the relevant modern award. The Commission also had to consider whether the agreement complied with procedural requirements, including proper consultation and notification processes.

The Commission found that the enterprise agreement met the better-off-overall test, as it offered employees terms and conditions that were more favourable than those provided by the applicable modern award. The agreement was found to have been made in good faith and without coercion, and the procedural requirements had been adhered to appropriately. Consequently, the Commission approved the enterprise agreement, emphasising the importance of such agreements in providing certainty and stability in the workplace.

The Commission's final order was to approve the Advance GW Pty Ltd and AWU Mushroom Category Monarto Enterprise Agreement 2019, effective from the date of the decision. This approval ensures that the terms and conditions of employment within the agreement are legally binding and enforceable.

Advance GW Pty Ltd T/A Action Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established