Mushroom Exchange Pty Ltd T/A Costa (Mushroom Category)

[2025] FWCA 3179

[2025] FWCA 3179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mushroom Exchange Pty Ltd T/A Costa (Mushroom Category)

(AG2025/2968)

MUSHROOM EXCHANGE PTY WA LTD PRODUCTION AGREEMENT 2025

Agricultural industry
COMMISSIONER LIM	PERTH, 25 SEPTEMBER 2025

Application for approval of the MUSHROOM EXCHANGE PTY WA LTD Production Agreement 2025.

1. Mushroom Exchange Pty Ltd T/A Costa (Mushroom Category) (the Applicant) has made an application for the approval of an enterprise agreement known as the MUSHROOM EXCHANGE PTY WA LTD Production Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 17.3 of the Agreement provides that the Company has the right to dismiss any employee without notice, or payment in lieu of notice, for serious or wilful misconduct that justifies instant dismissal and in such cases any entitlements under this Agreement are to be paid up to the time of dismissal only.

(b)Clause 17.3.2 of the Agreement states that serious or wilful misconduct is defined as can include but is not limited to serious and deliberate refusal to follow reasonable instructions, fighting or violence in the workplace, deliberate and wilful damage of property, dishonesty, and neglect of duty or serious misconduct as defined in the Fair Work Regulations.

1. However, I am satisfied that under clause 3.2 of the Agreement and undertakings provided, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on Thursday 25 September 2025 and, in accordance with s 54, will operate from Thursday 2 October 2025. The nominal expiry date of the Agreement is Friday 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A