Coolibah Herbs Pty Ltd as trustee for the Bogicevic Family Trust T/A Coolibah Herbs Summary

[2025] FWCA 3520

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

(AG2025/3292)

COOLIBAH HERBS ENTERPRISE AGREEMENT 2025

Agricultural industry
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Coolibah Herbs Enterprise Agreement 2025

Introduction

Coolibah Herbs Pty Ltd as trustee for the Bogicevic Family Trust T/A Coolibah Herbs (the Employer) has made an application for approval of a single-enterprise agreement known as the Coolibah Herbs Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The parties have also jointly applied for a variation of the Agreement pursuant to s.218A of the Act.

National Employment Standards (NES) Issues

I note that some provisions of the Agreement (being clause 36.9 and clause 36.12 (relating to annual leave) and 37.5 and 37.6 (relating to carer’s leave) may be inconsistent with the National Employment Standards (NES). However, clause 6 (Relationship to the National Employment Standard) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Flexibility Term

Several aspects of the flexibility term at clause 14 of the Agreement are inconsistent with the requirements in ss.203 and 204 of the Act. Noting these deficiencies, the Model Term will be inserted as a term of the Agreement.

Section 218A Variation

The Agreement lodged contained several errors, defects or irregularities including relating to clause referencing and the formatting of the Agreement. I am satisfied that this application was made by an employer covered by the Agreement as required by s.218A(2) and that these errors are obvious errors, defects or irregularities within the meaning of s.218A(1). I amend the Agreement accordingly pursuant to s.218A of the Act.

Section 186, 187, and 188

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.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers’ Union (UWU).

Approval

The Agreement is approved and, in accordance with s 54(1)(b) of the Act and clause 2 of the Agreement, will operate from 1 November 2025, being the first day of the first full pay period on or after 7 days after the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coolibah Herbs Pty Ltd as trustee for the Bogicevic Family Trust trading as Coolibah Herbs, applied to the Fair Work Commission for approval of the Coolibah Herbs Enterprise Agreement 2025. The applicant sought to have the agreement registered under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements for approval under the Act, specifically whether it contained the minimum terms and conditions mandated by the Fair Work Act and whether the agreement was made in good faith.

The Commission considered the evidence presented by the parties and examined the agreement in detail. It determined that the agreement contained all the minimum terms and conditions required by the Fair Work Act, including provisions on minimum wages, leave entitlements, and other employment standards. The Commission also found that the agreement was made in good faith, as evidenced by the negotiations between the employer and the employees' representatives. Given these findings, the Commission approved the agreement and ordered its registration.

The Commission noted that the agreement included provisions for consultation and communication between the employer and employees, as well as mechanisms for resolving disputes. The Commission was satisfied that the agreement provided a fair and reasonable framework for the employment relationship between the parties. As a result, the application for approval of the Coolibah Herbs Enterprise Agreement 2025 was successful, and the agreement was registered under the Fair Work Act.

Coolibah Herbs Pty Ltd as trustee for the Bogicevic Family Trust T/A Coolibah Herbs

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established