Bulla Mushrooms Pty Ltd Summary

[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

CaseChat Overview and Summary

Bulla Mushrooms Pty Ltd applied to the Fair Work Commission for approval of the Bulla Mushrooms Employee Collective Agreement 2014. The application was made by the employer, seeking to have the agreement approved as a certified agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which was the registered organisation representing the employees.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to determine if the agreement was made in accordance with the provisions of the Act, including whether it was made fairly and in good faith. Substantively, the Commission needed to assess if the agreement contained terms that were lawful, did not undermine the minimum protections provided by the Fair Work Act, and were consistent with the public interest. The AMWU argued that the agreement did not meet these requirements, particularly concerning the terms relating to employee entitlements and conditions.

The Fair Work Commission found that the agreement had been made in good faith and in compliance with the procedural requirements of the Act. The Commission carefully examined each clause of the agreement to ensure it adhered to the substantive criteria. The Commission concluded that the terms of the agreement were fair and lawful, did not undermine minimum protections, and were in the public interest. Therefore, the application for approval was successful.

The Fair Work Commission approved the Bulla Mushrooms Employee Collective Agreement 2014 as a certified agreement. This decision was based on the determination that the agreement met all legal requirements under the Fair Work Act. The Commission's approval was effective from the date of the decision, and the agreement became binding on the parties involved.

Bulla Mushrooms Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established