DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa Exchange Pty Ltd T/A Costa (Berry Category)
(AG2015/4434)

COSTA (BERRY CATEGORY) ENTERPRISE AGREEMENT 2015-2019

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 DECEMBER 2015

Approval of the Costa (Berry Category) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Costa (Berry Category) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 12 November 2015, I issued a decision 1 refusing to approve the Agreement because I was not satisfied that it passed the better off overall test (the BOOT). However, I gave the applicant an opportunity to provide undertakings to remedy my concerns.2

[3] The applicant provided those undertakings, and all other bargaining representatives were given an opportunity to comment on them. Following comments by the National Union of Workers, the applicant provided revised undertakings (the Final Undertakings). In light of these, I am now satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In accordance with s.191 of the Act, the Final Undertakings are taken to be terms of the Agreement. A copy is attached at Annexure A.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered under the Agreement. As required by s.201(2), I note that the Agreement covers the above organisation.

[5] The Agreement is approved and will operate from 15 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

SENIOR DEPUTY PRESIDENT

Annexure A

1 [2015] FWC 7101.

2 Ibid [29].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Costa Exchange Pty Ltd T/A Costa, referred to as the employer, sought approval of an enterprise agreement with its employees, categorised as the Berry Category, from the Fair Work Commission. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009 concerning the terms and conditions of employment, including wages, hours of work, and other workplace provisions. The Commission, as the tribunal, was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission centred on whether the enterprise agreement contained mandatory terms that were not bargained in good faith, whether the agreement was unfair under section 234 of the Fair Work Act, and whether the agreement adequately protected the interests of the employees. The Commission examined the bargaining process, the content of the agreement, and whether the agreement was consistent with the Fair Work Act’s objectives, including the protection of employees’ rights and the promotion of economic efficiency.

The Commission found that the agreement was generally consistent with the statutory framework and did not contain any terms that were manifestly unfair. The bargaining process was deemed to have been conducted in good faith, and the terms of the agreement were fair and reasonable. The Commission considered that the agreement provided adequate protections for the employees and aligned with the overarching objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the necessary legal standards.

The Fair Work Commission approved the Costa (Berry Category) Enterprise Agreement 2015-2019, recognising it as meeting the statutory requirements for approval. The Commission's decision confirmed the agreement's validity and its alignment with the Fair Work Act’s objectives of protecting employees' rights and promoting economic efficiency.

Costa Exchange Pty Ltd T/A Costa (Berry Category)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established