DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parwan Valley Mushrooms Pty Ltd T/A Parwan Valley Mushrooms
(AG2017/671)

PARWAN VALLEY MUSHROOMS PTY LTD ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 5 MAY 2017

Application for approval of the Parwan Valley Mushrooms Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Parwan Valley Mushrooms Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parwan Valley Mushrooms Pty Ltd T/A Parwan Valley 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.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 12 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Parwan Valley Mushrooms Pty Ltd, trading as Parwan Valley Mushrooms, sought approval of their Enterprise Agreement 2017 from the Fair Work Commission. The application was made in light of the company's operations and the need for a legally binding agreement that would govern the employment terms of their workforce. The central issue before the court was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009 and whether it met the standards for procedural fairness. The court had to assess the negotiation process, the content of the agreement, and its impact on the employees.

The Fair Work Commission examined the negotiation process to determine if it was conducted fairly and in good faith. This involved reviewing whether the employer provided necessary information and engaged in meaningful discussions with the employees or their representatives. Additionally, the court considered whether the agreement's provisions were fair and reasonable in terms of pay, conditions, and other employment-related matters. The Commission also needed to ensure that the agreement adhered to the statutory minimum standards and did not undermine any existing awards or agreements.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the negotiation process was generally fair and in good faith, with both parties making efforts to reach an agreement. The content of the Enterprise Agreement 2017 was also found to be reasonable and in line with the statutory minimum standards. The court approved the agreement, noting that it provided a balanced approach to the needs of both the employer and the employees, and thus met the requirements of procedural fairness. Consequently, the Commission granted the application for approval of the agreement.

Parwan Valley Mushrooms Pty Ltd T/A Parwan Valley Mushrooms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established