Trustee For The Mjg People Solutions Trust

[2025] FWCA 1264

[2025] FWCA 1264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trustee For The Mjg People Solutions Trust

(AG2025/820)

BENARA NURSERIES ENTERPRISE AGREEMENT 2025

Nursery industry
COMMISSIONER SCHNEIDER	PERTH, 15 APRIL 2025

Application for approval of the Benara Nurseries Enterprise Agreement 2025

1. Trustee For The Mjg People Solutions Trust (the Applicant) has made an application for the approval of an enterprise agreement known as the Benara Nurseries Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that 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.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Nursery Award 2020 is taken to be a term of the Agreement. 

1. The Transport Workers’ Union and the Australian Workers’ Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the organisations, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 April 2025. The nominal expiry date of the Agreement is 15 April 2028.

COMMISSIONER

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