DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mushroom Exchange Pty Ltd T/A Costa Mushrooms
(AG2016/1331)

COSTA MUSHROOMS SPREYTON CERTIFIED AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Costa Mushrooms Spreyton Certified Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the Costa Mushrooms Spreyton Certified Agreement 2016 (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 t/a Costa Mushrooms. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The applicant, Mushroom Exchange Pty Ltd trading as Costa Mushrooms, applied for approval of the Costa Mushrooms Spreyton Certified Agreement 2016. The application was made to the Fair Work Commission. The primary dispute centred on the certification of an enterprise agreement, which was necessary to regulate employment terms and conditions for the employees of Costa Mushrooms. The applicant sought to ensure that the agreement met the statutory requirements for certification as a single-enterprise agreement under the Fair Work Act 2009.

The central legal issues before the court involved whether the proposed agreement contained the necessary provisions as stipulated by the Fair Work Act, and whether it had been fairly and properly negotiated. The court had to determine if the agreement satisfied the procedural requirements for certification, including whether the agreement was made in good faith and without any coercion or undue influence. Furthermore, the court needed to assess whether the agreement complied with the relevant minimum standards set by the Act, such as the preservation of minimum wages and entitlements.

The court examined the submissions and evidence provided by both parties and considered the provisions of the Fair Work Act. It found that the applicant had demonstrated compliance with the statutory requirements for certification. The court was satisfied that the agreement had been negotiated in good faith, without any coercion, and that it included all necessary provisions as required by the Act. Additionally, the agreement met the minimum standards for wages and conditions, ensuring it was fair and reasonable for the employees. Consequently, the court approved the Costa Mushrooms Spreyton Certified Agreement 2016.

Mushroom Exchange Pty Ltd T/A Costa Mushrooms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established