Parwan Valley Mushroom Pty Ltd T/A Parwan Valley Mushrooms

[2022] FWCA 2723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Parwan Valley Mushroom Pty Ltd T/A Parwan Valley Mushrooms

(AG2022/3119)

Parwan Valley Mushrooms Enterprise Agreement 2022

Agricultural industry
DEPUTY PRESIDENT BELL	MELBOURNE, 11 AUGUST 2022

Application for approval of the Parwan Valley Mushrooms Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Parwan Valley Mushrooms Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Parwan Valley Mushroom Pty Ltd T/A Parwan Valley Mushrooms. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union, 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), I note that the Agreement covers the organisation.

The Agreement was approved on 11 August 2022 and, in accordance with s.54, will operate from 18 August 2022. The nominal expiry date of the Agreement is 17 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Parwan Valley Mushroom Pty Ltd trading as Parwan Valley Mushrooms and its employees. The company, which operates a mushroom farm in New South Wales, sought to implement the Parwan Valley Mushrooms Enterprise Agreement 2022, which it had negotiated with the Mushroom Workers Union. The union represents the workers at the mushroom farm and sought to ensure that the agreement adequately protected their conditions and entitlements.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and the fairness of its terms. The Commission needed to consider whether the agreement was made in good faith and whether it provided for the proper operation of the business, as well as ensuring fairness for employees. The Commission also had to assess whether the agreement met the procedural requirements for enterprise agreements as outlined in the Act.

The Fair Work Commission found that the agreement was made in good faith and was procedurally valid, having been negotiated through a process that involved genuine consultation and bargaining between the parties. The Commission determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. It noted that the agreement included provisions that were consistent with or improved upon the relevant awards and provided for appropriate protections and benefits for employees. The Commission concluded that the agreement was fair and met the requirements of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Parwan Valley Mushrooms Enterprise Agreement 2022, confirming its legal validity and mandating its implementation. The agreement, which sets out the terms and conditions of employment for the workers at the mushroom farm, now legally binds both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established