Haas Investments Pty Ltd T/A Hop Products Australia Summary

[2024] FWCA 4203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Application for approval of a single-enterprise agreement

Haas Investments Pty Ltd T/A Hop Products Australia

(AG2024/4403)

HOP PRODUCTS AUSTRALIA – BUSHY PARK ESTATES ENTERPRISE AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Hop Products Australia – Bushy Park Estates Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hop Products Australia – Bushy Park Estates Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Haas Investments Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

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

The Agreement is approved and, in accordance with s 54 of the Act will operate from 5 December 2024. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Haas Investments Pty Ltd trading as Hop Products Australia, the Fair Work Commission was asked to approve a proposed enterprise agreement. The applicant, Hop Products Australia, sought to enter into an enterprise agreement with its employees, represented by the Australian Manufacturing Workers Union. The agreement, titled "Hop Products Australia – Bushy Park Estates Enterprise Agreement 2024," aimed to govern the terms and conditions of employment for the workers. The legal issues before the Commission involved ensuring the agreement met the requirements under the Fair Work Act 2009, including whether it complied with the "better off overall test" and whether it was fairly negotiated.

The Commission examined the proposed agreement to ascertain if it provided employees with at least the minimum safety net entitlements and was made in good faith. The analysis involved considering whether the agreement offered terms and conditions that were not less favourable than the relevant awards or the general protections contained in the Fair Work Act. Additionally, the Commission assessed if the agreement met the procedural fairness requirements, ensuring it was genuinely negotiated between the parties. The Commission concluded that the proposed agreement was fairly negotiated and met the "better off overall test," as it provided employees with improved conditions while maintaining compliance with legal standards.

The Fair Work Commission approved the "Hop Products Australia – Bushy Park Estates Enterprise Agreement 2024," effective from the date of the decision. The approval hinged on the agreement's compliance with the statutory requirements under the Fair Work Act. The Commission found that the agreement provided employees with enhanced terms and conditions of employment, ensuring they were not less favourable than the applicable awards or general protections. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and meet the necessary legal standards to be approved. The approval was made subject to the agreement being registered with the Fair Work Commission.

Haas Investments Pty Ltd T/A Hop Products Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established