DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Costa Exchange Pty Ltd T/A Costa (Berry Category)
(AG2015/4434)

COSTA (BERRY CATEGORY) ENTERPRISE AGREEMENT 2015-2019

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 DECEMBER 2015

Approval of the Costa (Berry Category) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Costa (Berry Category) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 12 November 2015, I issued a decision 1 refusing to approve the Agreement because I was not satisfied that it passed the better off overall test (the BOOT). However, I gave the applicant an opportunity to provide undertakings to remedy my concerns.2

[3] The applicant provided those undertakings, and all other bargaining representatives were given an opportunity to comment on them. Following comments by the National Union of Workers, the applicant provided revised undertakings (the Final Undertakings). In light of these, I am now satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In accordance with s.191 of the Act, the Final Undertakings are taken to be terms of the Agreement. A copy is attached at Annexure A.

[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 to be covered under the Agreement. As required by s.201(2), I note that the Agreement covers the above organisation.

[5] The Agreement is approved and will operate from 15 December 2015. The nominal expiry date of the Agreement is 30 June 2019.