1
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mitolo Group Pty Ltd
(AG2014/1736)
DEPUTY PRESIDENT BARTEL ADELAIDE, 11 NOVEMBER 2014
Application for approval of the The Mitolo Group Horticultural Production Employees
Collective Agreement 2014.
[1] On 31 October 2014, a decision1 was issued in which I determined that:
The relevant modern award for the purposes of applying the better off overall test
was the Storage Services and Wholesale Award 2010; and
The Mitolo Group Horticultural Production Employees Collective Agreement 2014
(the Agreement) did not pass the better off overall test.
[2] The employer was provided with an opportunity to provide an undertaking/s to address
the concerns identified in the decision.2 The Commission subsequently received advice from
Mr Duggan, of counsel for Mitolo Group Pty Ltd (the employer), that the employer does not
intend to provide undertakings pursuant to s.190 of the Fair Work Act 2009.
[3] In these circumstances I am satisfied that the statutory requirements for approval have
not been met and the application is dismissed.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR557584
1 Mitolo Group Pty Ltd [2014] FWC 7682.
2 Ibid, at [121].
[2014] FWC 7981 [Note: An appeal pursuant to s.604 (C2014/7871) was
lodged against this decision - refer to Full Bench decision dated 21 April
2015 [[2015] FWCFB 2524] for result of appeal.]
DECISION
E AUSTRALIA FairWork Commission
COMMISSION WORK FAIR 0 1 Las Dary
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB2524.htm
