DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haas Investments Pty Ltd T/A Hop Products Australia
(AG2016/6258)

HOP PRODUCTS AUSTRALIA - BUSHY PARK ESTATES ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hop Products Australia - Bushy Park Estates Enterprise Agreement 2016 (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] The Applicant has 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.

[3] 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. 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.

[4] 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.

[5] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Haas Investments Pty Ltd trading as Hop Products Australia, applied to the Fair Work Commission for approval of the Hop Products Australia – Bushy Park Estates Enterprise Agreement 2016. The application was brought under section 230 of the Fair Work Act 2009. The applicant sought to have the agreement, which was entered into with the Australian Manufacturing Workers' Union, approved as a simple or low-complexity enterprise agreement. The union did not oppose the application.

The primary legal issue for the court to determine was whether the agreement met the threshold criteria for a simple or low-complexity enterprise agreement under section 228 of the Fair Work Act. The court needed to examine the nature and content of the agreement, including its complexity and the number of employees covered, to decide if it qualified for the simplified approval process. Additionally, the court considered whether the agreement was fair and reasonable in terms of its provisions and the process through which it was negotiated and agreed upon.

The Fair Work Commission found that the agreement met the criteria for a simple or low-complexity enterprise agreement. The court noted that the agreement was straightforward and did not contain complex terms or conditions. It covered a relatively small number of employees and was negotiated in good faith between the parties. The commission concluded that the agreement was fair and reasonable, and it approved the agreement as a simple or low-complexity enterprise agreement.

The Fair Work Commission approved the Hop Products Australia – Bushy Park Estates Enterprise Agreement 2016 as a simple or low-complexity enterprise agreement under section 230 of the Fair Work Act. The approval was effective from the date of the commission's decision.

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