DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CostaExchange Pty Ltd T/A Costa (Berry Category)
(AG2019/2033)

COSTA (BERRY CATERGORY) ENTERPRISE AGREEMENT 2019 - 2023

Agricultural industry
COMMISSIONER BISSETT	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Costa (Berry Category) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Costa (Berry Category) Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa Exchange Pty Ltd T/A Costa (Berry Category). The Agreement is a single enterprise agreement. A decision 1 dealing with preliminary issues was issued by the Fair Work Commission on 6 December 2019.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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] The Agreement lodged contained a typographical error at clause 13.8. On 20 September 2019 the applicant filed an amended page 8 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act

[6] The Australian 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Annexure A

1 [2019] FWC 8291.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CostaExchange Pty Ltd, trading as Costa (Berry Category), applied to the Fair Work Commission for approval of the Costa (Berry Category) Enterprise Agreement 2019-2023. The application was made under the Fair Work Act 2009, and the dispute centred around the terms and conditions of employment for workers in the berry category. The Commission was tasked with determining whether the agreement met the necessary requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the provisions of the Fair Work Act and whether it met the criteria for being considered a "better off overall test" (BOOT) agreement. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it satisfied the requirements of genuine agreement, coverage, and the BOOT test.

The Commission concluded that the Costa (Berry Category) Enterprise Agreement 2019-2023 was fair and reasonable for the purposes of the Fair Work Act. The agreement was found to be genuinely agreed upon by the parties, covered the relevant employees, and met the requirements of the BOOT test. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs and interests of both the employees and the employer. The application for approval was therefore granted, and the agreement was registered under the Act.

The final orders of the Fair Work Commission included the registration of the Costa (Berry Category) Enterprise Agreement 2019-2023 and the approval of the terms and conditions set out in the agreement. The decision confirmed the validity of the agreement and its applicability to the employees within the berry category, providing a framework for the employment relationship between the parties for the duration of the agreement.

CostaExchange 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