DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parwan Valley Mushrooms Pty Ltd T/A Parwan Valley Mushrooms
(AG2020/183)

PARWAN VALLEY MUSHROOMS ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MAY 2020

Application for approval of the Parwan Valley Mushrooms Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Parwan Valley Mushrooms Enterprise Agreement 2019 (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 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] I observe that clause 2.2 of attachment 1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 4 May 2020 and, in accordance with s.54, will operate from 11 May 2020. The nominal expiry date of the Agreement is 11 May 2022.

COMMISSIONER

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Attachment 1:

CaseChat Overview and Summary

Parwan Valley Mushrooms Pty Ltd, trading as Parwan Valley Mushrooms, applied to the Fair Work Commission for approval of the Parwan Valley Mushrooms Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for the workers at the mushroom farm. The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated.

The Commission examined the agreement clause by clause, considering the impact on the employees and the employer. It assessed whether the agreement provided for adequate minimum rates of pay, leave entitlements, and other conditions that were fair and reasonable. The Commission also considered whether the agreement had been genuinely negotiated between the parties and whether it provided for a fair process for resolving disputes. Ultimately, the Commission found that the agreement was fair and reasonable and had been genuinely negotiated. The Commission approved the agreement, noting the specific circumstances of the workplace and the need to balance the interests of both the employer and the employees.

In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated over an extended period and involved input from both parties. It also considered the provisions of the agreement that addressed specific issues relevant to the mushroom farming industry, such as shift patterns and conditions of work. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act. The final orders included the approval of the Parwan Valley Mushrooms Enterprise Agreement 2019, subject to certain conditions designed to ensure ongoing compliance with the Act.

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