Trustee For The Mjg People Solutions Trust Summary

[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

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.

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the trustee for the MJG People Solutions Trust to approve the Benara Nurseries Enterprise Agreement 2025. The dispute centred on the terms and conditions of employment for the workers covered by the agreement. The applicant sought to have the agreement certified, which would render it legally binding between the employer and the employees.

The primary legal issue for the Commission to decide was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the processes set out in the Act, whether it contained the necessary provisions, and whether it met the good faith bargaining test. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees.

In its decision, the Commission examined the evidence provided by both parties and considered the provisions of the proposed agreement. The Commission found that the agreement was made in accordance with the statutory requirements and contained all the necessary provisions. It also determined that the agreement was the product of good faith bargaining and provided for fair and reasonable terms and conditions for the employees. The Commission approved the application and certified the Benara Nurseries Enterprise Agreement 2025.

The Fair Work Commission certified the Benara Nurseries Enterprise Agreement 2025, effective from the date of the decision. The agreement is now legally binding between the employer and the employees covered by it, and will remain in force until it is terminated or replaced by a new agreement. The Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement meets the requirements of the Fair Work Act.

Trustee For The Mjg People Solutions Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established