DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hakubaku Australia Pty Ltd T/A Hakubaku Australia
(AG2021/4099)

HAKUBAKU AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 26 MARCH 2021

Application for approval of the Hakubaku and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hakubaku and United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hakubaku Australia Pty Ltd T/A Hakubaku Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United 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 is approved and in accordance with s.54, will operate from 2 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hakubaku Australia Pty Ltd, trading as Hakubaku Australia, applied for the approval of the Hakubaku and United Workers Union Enterprise Agreement 2020. The applicant, a company in the hospitality industry, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose from the union's proposed changes to the agreement, which the applicant contested on various grounds, including the fairness of the terms and the compliance with the statutory requirements.

The primary legal issues before the court were whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act. The court had to determine if the agreement was made in good faith, if the necessary bargaining processes were followed, and if the agreement's terms were fair and reasonable. Additionally, the court examined whether the agreement complied with the provisions of the Act, particularly in relation to the definition of the bargaining unit and the scope of the agreement.

The court examined the submissions from both parties and the evidence presented. It found that the agreement was made in good faith and that the bargaining processes were followed appropriately. The court also considered the submissions on the fairness and reasonableness of the terms, concluding that the proposed agreement did not unfairly disadvantage any party. Furthermore, the court held that the agreement complied with the statutory requirements, including the correct definition of the bargaining unit and the appropriate scope of the agreement. Consequently, the court approved the Hakubaku and United Workers Union Enterprise Agreement 2020.

The final orders included the approval of the enterprise agreement, effective from the date of the court's decision. The court also directed that the agreement be registered with the Fair Work Commission and that any necessary notices be provided to the affected employees. The applicant was also required to comply with any additional conditions specified by the court to ensure the ongoing fairness and compliance of the agreement.

Hakubaku Australia Pty Ltd T/A Hakubaku Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established