Australian Workers' Union, The Summary

[2018] FWCA 6359

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Workers' Union, The

(AG2018/3029)

Advance Exchange and AWU - Costa Mushroom Category Agreement 2017

Agricultural industry
Commissioner McKinnon	MELBOURNE, 15 OCTOBER 2018

Application for approval of the Advance Exchange and AWU - Costa Mushroom Category Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Advance Exchange and AWU - Costa Mushroom Category Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Workers’ Union, The. The Agreement is a single enterprise agreement.

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

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 26 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Australian Workers' Union, applied for the approval of the Advance Exchange and AWU - Costa Mushroom Category Agreement 2017. The matter was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees covered by it, and that it provided fair and reasonable terms for those employees.

The central legal issue the court had to address was whether the agreement satisfied the criteria for approval, including whether it provided for the minimum terms and conditions of employment, and whether it was made in good faith and without coercion. The court had to consider the content of the agreement, the process by which it was negotiated, and whether it provided for fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The court determined that the agreement provided for minimum terms and conditions that were no less favourable than those provided for by the relevant awards or other industrial instruments. The court also found that the agreement was made in good faith and without coercion, and that it provided fair and reasonable terms for the employees. The commission approved the agreement, finding that it was in the best interests of the employees covered by it.

The final orders of the court were that the Advance Exchange and AWU - Costa Mushroom Category Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission, and would have effect from the date of registration.

Australian Workers' Union, The

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established