Mitolo Group Pty Ltd T/A Mitolo Family Farms

[2023] FWCFB 228 [Note: A copy of the zombie agreement to which this decision relates (AC324160) is available on our website.]

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments

Mitolo Group Pty Ltd T/A Mitolo Family Farms

(AG2023/4148)

Agricultural industry
DEPUTY PRESIDENT WRIGHT DEPUTY PRESIDENT SLEVIN DEPUTY PRESIDENT GRAYSON	SYDNEY, 1 DECEMBER 2023

Application to extend the default period for The Mitolo Group- Employee Collective Agreement Process Employees

Pursuant to item 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), we order that the default period for The Mitolo Group Employee Collective Agreement Process Employees (the Agreement), is extended until 7 June 2024.

The Agreement is published, in accordance with subitem 20A(10A)(c), on the Fair Work Commission’s website.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitolo Group Pty Ltd, trading as Mitolo Family Farms, applied to the Fair Work Commission for an extension of the default period under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) for the Mitolo Group Employee Collective Agreement Process Employees (the Agreement). The applicant sought an extension of the default period to allow for the continuation of the agreement's protections for employees within the agricultural industry. The Commission was required to determine whether the application met the criteria for an extension as set out in the legislation, specifically considering the reasons for the delay and the likelihood of achieving a new agreement within the extended timeframe.

The legal issues before the Commission included whether the reasons provided by the applicant for the delay were valid and whether the extension would provide a reasonable opportunity for the parties to negotiate a new agreement. The Commission considered the circumstances of the delay, including any procedural issues or external factors that may have contributed to the inability to reach a new agreement within the original timeframe. The applicant argued that the delay was due to unforeseen circumstances, including the impact of external events such as natural disasters and economic fluctuations, which had disrupted the negotiation process.

The Commission found that the reasons provided by the applicant for the delay were valid and that an extension of the default period would provide a reasonable opportunity for the parties to negotiate a new agreement. The Deputy Presidents considered that the circumstances leading to the delay were beyond the control of the parties and that an extension would not prejudice the rights of the employees. The Commission concluded that an extension was necessary to allow for the continuation of the protections provided by the existing agreement and to provide a reasonable opportunity for the parties to negotiate a new agreement.

Accordingly, the Fair Work Commission ordered that the default period for The Mitolo Group Employee Collective Agreement Process Employees be extended until 7 June 2024. The Agreement is published on the Fair Work Commission's website, as required by the legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established