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

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.

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).

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mushroom Exchange Pty Ltd, trading as Costa - Mushroom Category, applied for approval of the Mushroom Exchange Nagambie Enterprise Agreement 2025. The dispute involved the terms of employment of the employees within the Nagambie Enterprise Agreement and the process by which the agreement was reached. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the procedural requirements outlined in the Fair Work Act, specifically whether the bargaining process was fair and whether the agreement had been made in good faith. The Commission needed to assess if there was proper representation of the parties involved and if the negotiation process adhered to the necessary standards. Additionally, the Commission examined whether the agreement was fair and reasonable in terms of its content and implications for the employees.

The Commission found that the bargaining process was fair and that the agreement had been made in good faith. It was determined that the negotiation process was conducted appropriately, with adequate representation from both parties. The content of the agreement was also found to be fair and reasonable, considering the interests of both the employer and the employees. As a result, the Commission approved the Mushroom Exchange Nagambie Enterprise Agreement 2025, confirming its compliance with the legislative requirements.

The Fair Work Commission approved the Mushroom Exchange Nagambie Enterprise Agreement 2025, acknowledging that it met the necessary legal standards for approval under the Fair Work Act. The decision was based on the fairness of the negotiation process and the reasonableness of the agreement's terms. The approval effectively validates the agreement, allowing it to be implemented between the employer and the employees.

Mushroom Exchange Pty Ltd Trading AS Costa - Mushroom Category

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established