DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cultivated By Good Pty Ltd T/A Cultivated By Good
(AG2019/1836)

CULTIVATED BY GOOD PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2019

Restaurants
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 SEPTEMBER 2019

Application for approval of the Cultivated By Good Pty Ltd Queensland Enterprise Agreement 2019.

[1] Cultivated by Good Pty Ltd T/A Cultivated by Good (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Cultivated by Good Pty Ltd Queensland Enterprise Agreement 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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 17 September 2019. The nominal expiry date of the Agreement is 10 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cultivated By Good Pty Ltd, trading as Cultivated By Good, applied to the Fair Work Commission for approval of the Queensland Enterprise Agreement 2019. The applicant is an employer and the respondent is the United Voice union, representing the employees. The dispute centred around the terms and conditions of employment set out in the proposed agreement. The Commission, presided over by Commissioner M Finn, was tasked with determining whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issues were whether the agreement met the formal requirements for an enterprise agreement and whether it provided for the mandatory minimum terms and conditions as stipulated by the Act. The applicant argued that the agreement was fair and reasonable and complied with all legal prerequisites. The union contended that certain provisions of the agreement did not adhere to the statutory minimum standards.

The Commission found that the agreement was properly negotiated and met all formal requirements for an enterprise agreement. The provisions regarding minimum terms and conditions were scrutinised and the Commission concluded that while there were some minor discrepancies, these did not significantly detract from the overall fairness of the agreement. The agreement was approved, subject to minor modifications to ensure compliance with the statutory minimum standards. The Commission emphasised the importance of fair and reasonable terms for both employers and employees, ensuring that the agreement reflected a balance of interests.

Cultivated By Good Pty Ltd T/A Cultivated By Good

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established