DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mushroom Exchange Pty Ltd
(AG2015/3326)

COSTA EXCHANGE - MUSHROOM CATEGORY AND AWU ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2015

Application for approval of the Costa Exchange - Mushroom Category and AWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Costa Exchange – Mushroom Category and AWU Enterprise 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 July 2015 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Mushroom Exchange Pty Ltd for approval of the Costa Exchange - Mushroom Category and AWU Enterprise Agreement 2015. The applicant sought the Fair Work Commission's approval of the agreement, which was intended to establish terms and conditions for employees working in the mushroom category. The matter was heard in the Fair Work Commission, the body responsible for overseeing workplace relations and ensuring compliance with employment laws in Australia.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions of employment, and if it was made in good faith. The Commission also considered whether the agreement was free from any improper influence or coercion, and if it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and was made in good faith. The Commission also determined that the agreement was free from any improper influence or coercion, and complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Based on these findings, the Commission approved the Costa Exchange - Mushroom Category and AWU Enterprise Agreement 2015.

As a result of the Commission's approval, the agreement now legally binds the parties involved and sets the terms and conditions of employment for employees working in the mushroom category. This decision provides clarity and certainty for both employers and employees, ensuring that the agreement adheres to the principles of fairness and good faith as required by the Fair Work Act and the Fair Work Regulations.

Mushroom Exchange Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established