Mushroom Exchange Pty Ltd

[2019] FWCA 2370

[2019] FWCA 2370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mushroom Exchange Pty Ltd
(AG2018/6051)

MUSHROOM EXCHANGE WA PTY LTD PRODUCTION AGREEMENT 2018

Agricultural industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2019

Application for approval of the Mushroom Exchange WA Pty Ltd Production Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mushroom Exchange WA Pty Ltd Production Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mushroom Exchange Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 March 2019.

[3] On 18 March and 3 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 April 2019. The undertaking deals with the following topics:

•  Despite clause 9.3(g) of the Agreement, employees who are rostered to work on a public holiday and do not work will be paid at the ordinary hourly rate.

•  Despite clause 9.3(f) of the Agreement, part-time employees will be paid at overtime rates once they have worked their mutually agreed hours.

•  The reference to clause 7.3.1 in the body of clause 9.5(c) is replaced with a reference to clause 9.5.1.

•  Clause 26.4 of the Agreement will not apply.

•  Despite clause 11 of the Agreement, the definition of ordinary hours and overtime rates contained in the undertaking at paragraph 5 will apply.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502796 PR706699>