Haas Investments Pty Ltd T/A Hop Products Australia

[2022] FWCA 4306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Haas Investments Pty Ltd T/A Hop Products Australia

(AG2022/4732)

HOP PRODUCTS AUSTRALIA – BUSHY PARK ESTATES ENTERPRISE AGREEMENT 2022

Agricultural industry
COMMISSIONER P RYAN	SYDNEY, 7 DECEMBER 2022

Application for approval of the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2022

Haas Investments Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Hop Products Australia – Bushy Park Estates Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Fair Work Commission to the Federal Court of Australia for approval of the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2022. The applicant, Haas Investments Pty Ltd trading as Hop Products Australia, sought approval of the agreement which was made under the Fair Work Act 2009. The nature of the dispute centred around the procedural fairness of the agreement, particularly the process by which it was negotiated and the representation of the employees.

The legal issues before the court included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether the process was fair and reasonable. The court had to examine if the employer had adequately facilitated the negotiation process, and if the employees were properly represented during the bargaining process. Another significant issue was whether the agreement addressed the employees' interests appropriately and if it contained terms and conditions that were fair and reasonable.

The court found that the agreement had been made in a procedurally fair manner and that all necessary steps had been taken to ensure proper negotiation and representation. The employer had provided adequate information and resources to facilitate the bargaining process, and the employees had been effectively represented. The court also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the court approved the agreement, confirming its validity and applicability under the Fair Work Act.

The final orders of the court included the approval of the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2022, which would now be binding on the parties involved. The court's decision validated the agreement, ensuring that it would operate as intended, providing a framework for the employment relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established