Mushroom Exchange Pty Ltd

[2015] FWCA 5911

[2015] FWCA 5911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mushroom Exchange Pty Ltd
(AG2015/4170)

MUSHROOM EXCHANGE PTY WA LTD PRODUCTION AGREEMENT 2015

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the MUSHROOM EXCHANGE PTY WA LTD Production Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MUSHROOM EXCHANGE PTY WA LTD Production Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mushroom Exchange Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE415457  PR571254>

Annexure A