DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haas Investments Pty Ltd T/A Hop Products Australia
(AG2019/4140)

HOP PRODUCTS AUSTRALIA - BUSHY PARK ESTATES ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haas Investments Pty Ltd T/A Hop Products Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 November 2019 and, in accordance with s.54, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Haas Investments Pty Ltd, trading as Hop Products Australia, which sought approval for the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2019. The application was made to the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The applicants argued that the proposed agreement was fair and reasonable, while the respondents raised concerns about several provisions, particularly those relating to wages and conditions.

The central legal issues revolved around whether the proposed enterprise agreement met the statutory requirements for being deemed fair and reasonable. The respondents contested the fairness of the agreement based on the wage rates, the classification of employees, and the conditions of employment. The applicants, on the other hand, maintained that the agreement was fair and reasonable and provided a balanced outcome for both parties.

The Fair Work Commission examined the provisions of the agreement in detail and assessed whether they met the criteria set out in the Fair Work Act. The Commission found that the wage rates and conditions proposed in the agreement were fair and reasonable. It took into account the nature of the work, the economic circumstances of the parties, and the need to balance the interests of both employers and employees. The Commission ultimately approved the agreement, concluding that it met the statutory requirements for being fair and reasonable.

The Fair Work Commission's decision was that the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2019 was approved and would come into effect on the date specified in the agreement. The respondents' objections were dismissed, and the agreement was declared to be in force. The Commission emphasised the importance of reaching a fair and reasonable agreement that balanced the interests of both employers and employees.

Haas Investments Pty Ltd T/A Hop Products Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established