DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coolibah Herbs Pty Ltd Trustee for Bogicevic Family Trust T/A Coolibah Herbs
(AG2016/5287)

COOLIBAH HERBS ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Coolibah Herbs Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coolibah Herbs Enterprise Agreement 2016 (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 Trustee for Bogicevic Family Trust t/a Coolibah Herbs. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Applicant 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.

[4] 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.

[5] 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.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 20 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties to this case were Coolibah Herbs Pty Ltd, represented by their trustee, and the Trustee for the Bogicevic Family Trust trading as Coolibah Herbs. The dispute related to an application for the approval of the Coolibah Herbs Enterprise Agreement 2016, which was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement contained appropriate provisions for the protection of employees' interests, particularly in relation to the classification of employees and the associated terms and conditions of employment.

The legal issues that the Commission needed to resolve included whether the proposed classification of employees under the agreement was fair and reasonable, and whether the agreement provided adequate protection for employees' rights and entitlements. The Commission also needed to consider whether the agreement complied with relevant provisions of the Fair Work Act 2009, particularly those concerning the protection of vulnerable employees and the avoidance of unfair dismissals.

The Fair Work Commission found that the proposed classification of employees under the agreement was fair and reasonable, and that the agreement provided adequate protection for employees' rights and entitlements. The Commission was satisfied that the agreement complied with relevant provisions of the Fair Work Act 2009 and that it would not have an adverse effect on the employees. The Commission approved the Coolibah Herbs Enterprise Agreement 2016, subject to certain conditions and modifications to ensure the protection of vulnerable employees and the avoidance of unfair dismissals.

Coolibah Herbs Pty Ltd Trustee for Bogicevic Family Trust T/A Coolibah Herbs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established