Mitolo Group Pty Ltd

[2014] FWC 7981

[2014] FWC 7981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mitolo Group Pty Ltd
(AG2014/1736)

DEPUTY PRESIDENT BARTEL ADELAIDE, 11 NOVEMBER 2014

Application for approval of the The Mitolo Group Horticultural Production Employees Collective Agreement 2014.

[1] On 31 October 2014, a decision 1 was issued in which I determined that:

• The relevant modern award for the purposes of applying the better off overall test was the Storage Services and Wholesale Award 2010; and



• The Mitolo Group Horticultural Production Employees Collective Agreement 2014 (the Agreement) did not pass the better off overall test.

[2] The employer was provided with an opportunity to provide an undertaking/s to address the concerns identified in the decision. 2 The Commission subsequently received advice from Mr Duggan, of counsel for Mitolo Group Pty Ltd (the employer), that the employer does not intend to provide undertakings pursuant to s.190 of the Fair Work Act 2009.

[3] In these circumstances I am satisfied that the statutory requirements for approval have not been met and the application is dismissed.

DEPUTY PRESIDENT

 1   Mitolo Group Pty Ltd [2014] FWC 7682.

 2   Ibid, at [121].

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