Moonrocks (Australia) Pty Ltd Trading AS Gillebri Cotton Co Pty Ltd

[2025] FWCA 3406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moonrocks (Australia) Pty Ltd Trading AS Gillebri Cotton Co Pty Ltd

(AG2025/3159)

MOON ROCKS ENTERPRISE AGREEMENT 2025

Agricultural industry
COMMISSIONER HUNT	BRISBANE, 10 OCTOBER 2025

Application for approval of the Moon Rocks Enterprise Agreement 2025

Moonrocks (Australia) Pty Ltd T/A Gillebri Cotton Co Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Moon Rocks Enterprise Agreement 2025 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. For the purpose of ss.186(3) and (3A) of the Act, I note that the Agreement covers all of the employees of the Employer.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from
17 October 2025. The nominal expiry date of the Agreement is 10 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Moonrocks (Australia) Pty Ltd trading as Gillebri Cotton Co Pty Ltd, applied for the approval of the Moon Rocks Enterprise Agreement 2025. The respondents, including the Cotton Farmers' Union of Australia, sought to oppose the application. The central dispute revolved around the provisions of the agreement that were deemed to potentially undermine the rights of the employees, particularly in relation to redundancy and dismissal conditions.

The primary legal issues for the court were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement appropriately balanced the interests of the employer and the employees, particularly in light of the respondents' objections to certain clauses.

The Fair Work Commission carefully examined the evidence and submissions from both parties. The court acknowledged the need to ensure that the agreement did not unjustifiably disadvantage employees, especially concerning redundancy payments and dismissal processes. After considering the detailed submissions and the balance of interests, the court concluded that the agreement was fair and reasonable, and it approved the application. The court's decision was based on the finding that the agreement met the statutory requirements and provided a fair outcome for all parties involved.

The final orders of the court were to approve the Moon Rocks Enterprise Agreement 2025 as presented by the applicant, with the effective date to be specified in the agreement itself. The court directed that the agreement be registered with the Fair Work Commission, ensuring its legal enforceability and compliance with the relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established