Application for approval of the Coolibah Herbs Enterprise Agreement 2025

[1] Coolibah Herbs Pty Ltd as trustee for the Bogicevic Family Trust T/A Coolibah Herbs (the Employer) has made an application for approval of a single-enterprise agreement known as the _Coolibah Herbs Enterprise Agreement 2025 (_the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The parties have also jointly applied for a variation of the Agreement pursuant to s.218A of the Act.

[2] I note that some provisions of the Agreement (being clause 36.9 and clause 36.12 (relating to annual leave) and 37.5 and 37.6 (relating to carer's leave) may be inconsistent with the National Employment Standards (NES). However, clause 6 (Relationship to the National Employment Standard) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act. 

[3] Several aspects of the flexibility term at clause 14 of the Agreement are inconsistent with the requirements in ss.203 and 204 of the Act. Noting these deficiencies, the Model Term will be inserted as a term of the Agreement.

[4] The Agreement lodged contained several errors, defects or irregularities including relating to clause referencing and the formatting of the Agreement. I am satisfied that this application was made by an employer covered by the Agreement as required by s.218A(2) and that these errors are obvious errors, defects or irregularities within the meaning of s.218A(1). I amend the Agreement accordingly pursuant to s.218A of the Act.

[5] I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.  

[6] The United Workers' Union (UWU) being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers' Union (UWU).

[7] The Agreement is approved and, in accordance with s 54(1)(b) of the Act and clause 2 of the Agreement, will operate from 1 November 2025, being the first day of the first full pay period on or after 7 days after the date of approval.

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