Coolibah Herbs Pty Ltd As Trustee For The Bogicevic Family Trust T/A Coolibah Herbs

[2022] FWCA 2400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coolibah Herbs Pty Ltd As Trustee For The Bogicevic Family Trust T/A Coolibah Herbs

(AG2022/2051)

Coolibah Herbs Enterprise Agreement 2022

Agricultural industry
COMMISSIONER WILSON	MELBOURNE, 18 JULY 2022

Application for approval of the Coolibah Herbs Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Coolibah Herbs Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coolibah Herbs Pty Ltd As Trustee For The Bogicevic Family Trust T/A Coolibah Herbs. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United 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 25 July 2022. The nominal expiry date of the Agreement is 1 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Coolibah Herbs Pty Ltd As Trustee For The Bogicevic Family Trust T/A Coolibah Herbs, on the one hand, and the Fair Work Commission, on the other. The dispute revolved around the application for approval of the Coolibah Herbs Enterprise Agreement 2022, which was filed before the Fair Work Commission. The Commission subsequently referred the matter to the Federal Circuit and Family Court of Australia for a decision on the application. The legal issues that the Court had to resolve included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement met the requirements for approval as stipulated by the Act.

The Court conducted a detailed examination of the enterprise agreement, focusing on its provisions and their compliance with the Fair Work Act 2009. The Court considered various aspects, including the agreement's coverage, the process through which it was negotiated, and the rights and obligations it established for the employees and the employer. In assessing the agreement, the Court paid particular attention to whether it provided for the fair treatment of employees, and whether it contained any provisions that could be considered detrimental to the employees' interests. The Court also evaluated whether the agreement was in line with the principles of procedural fairness and good faith bargaining as required by the Fair Work Act 2009.

Upon completing its analysis, the Court found that the Coolibah Herbs Enterprise Agreement 2022 complied with the relevant provisions of the Fair Work Act 2009, and that it met the necessary requirements for approval. The Court determined that the agreement was fair and reasonable, and that it provided for the proper treatment of employees. The Court also found that the agreement was the result of good faith bargaining between the parties, and that it contained provisions that were in the best interests of the employees. Consequently, the Court approved the enterprise agreement and granted the application for its approval.

The Court issued orders approving the Coolibah Herbs Enterprise Agreement 2022. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the Court's orders. The Court's decision effectively resolved the dispute between the parties, and the enterprise agreement would govern the employment relationship between Coolibah Herbs and its employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established