Bulla Mushrooms Pty Ltd

[2014] FWCA 7011

[2014] FWCA 7011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bulla Mushrooms Pty Ltd
(AG2014/7361)

BULLA MUSHROOMS EMPLOYEE COLLECTIVE AGREEMENT 2014

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 6 OCTOBER 2014

Application for approval of the Bulla Mushrooms Employee Collective Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Bulla Mushrooms Employee Collective Agreement 2014 (the Agreement). The application has been made by Bulla Mushrooms Pty Ltd (Bulla Mushrooms). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Suzanne Diprose of Performance Advantage on behalf of Bulla Mushrooms on 3 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Horticulture Award 2010 (the Award). I have accepted a number of undertakings from Bulla Mushrooms which remedy my concerns with the Agreement. The undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] Clause 35 — Consultation does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 (the Regulations) in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on 6 October 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[6] 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.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE410501  PR556259>