Mushroom Exchange Pty Ltd Trading AS Costa - Mushroom Category

[2025] FWCA 2845

[2025] FWCA 2845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mushroom Exchange Pty Ltd Trading AS Costa - Mushroom Category

(AG2025/2546)

MUSHROOM EXCHANGE NAGAMBIE ENTERPRISE AGREEMENT 2025

Agricultural industry
COMMISSIONER PERICA	MELBOURNE, 26 AUGUST 2025

Application for approval of the Mushroom Exchange Nagambie Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Mushroom Exchange Nagambie Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. Clause 26 of the Agreement provides “delegates’ rights will be in accordance with section 350C of the Act and will not be less favourable than the equivalent delegates’ rights provisions in the Award”. For certainty and clarity, clause 27A of the Horticulture Award 2020 is taken to be a term of the Agreement by section 205A(2).

1. The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

1. Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 26 August 2028.

COMMISSIONER

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Annexure A