DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Fresh Pty Ltd T/A Costa Avocado
(AG2018/6163)

COSTA AVOCADO CATEGORY ENTERPRISE AGREEMENT 2018-2022

Agricultural industry
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2019

Application for approval of the Costa Avocado Category Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Costa Avocado Category Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Fresh Pty Ltd T/A Costa Avocado. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 30 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves North Fresh Pty Ltd, trading as Costa Avocado, which sought approval for the Costa Avocado Category Enterprise Agreement 2018-2022. The application was heard in the Fair Work Commission, where the dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The union representing the employees, the Shop, Distributive and Allied Employees Association, contested the application, raising concerns about certain provisions of the proposed agreement.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it met the 'better off overall test' (BOOT) as mandated by the Act. The union argued that certain provisions were not adequately explained and did not sufficiently address employee entitlements and conditions. The Commission had to determine if the agreement was fairly and adequately negotiated and whether it provided employees with a better outcome overall than the applicable award or previous agreement.

The Commission carefully examined the provisions of the agreement and the submissions from both parties. It found that while some provisions required clarification and adjustment, the overall agreement met the formal requirements and passed the BOOT. The Commission noted that the changes proposed in the agreement would generally improve the terms and conditions for employees, despite the union's objections. Consequently, the Commission approved the application, subject to the conditions that certain provisions be amended to address the union's concerns.

In summary, the Fair Work Commission approved the Costa Avocado Category Enterprise Agreement 2018-2022 with conditions, finding it to be fairly negotiated and providing a better overall outcome for employees. The union's objections were partially upheld, leading to the requirement for certain amendments before the agreement could be implemented.

North Fresh Pty Ltd T/A Costa Avocado

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established