DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hancock Victorian Plantations Pty Ltd T/A HVP Plantations
(AG2020/3424)

HANCOCK VICTORIAN PLANTATIONS PTY LIMITED – AWU ENTERPRISE AGREEMENT 2020 – 2023

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 10 DECEMBER 2020

Application for approval of the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hancock Victorian Plantations Pty Ltd T/A HVP Plantations. 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] On 3 December 2020, the Applicant filed an amended signature page providing the full address of the employee representative signatory. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. 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

Hancock Victorian Plantations Pty Ltd T/A HVP Plantations recently had its enterprise agreement for the period 2020-2023 brought before the Fair Work Commission. The applicant, Hancock Victorian Plantations, sought approval of the agreement, while the Australian Workers’ Union represented the employees. The dispute centred on whether the terms of the agreement complied with the Fair Work Act 2009 and related regulations. The Fair Work Commission was tasked with ensuring that the agreement met all legal requirements, including fairness and compliance with minimum standards.

The primary legal issues before the Commission involved scrutinising various provisions of the agreement to confirm they adhered to the Fair Work Act. These included assessing whether the agreement provided for minimum rates of pay, leave entitlements, and other conditions that aligned with the Act's provisions. Additionally, the Commission needed to determine if the agreement was made in good faith and whether it met the requirements for a simplified bargaining agreement. The Commission also evaluated whether the agreement adequately protected employees' rights and interests, particularly in terms of procedural fairness and the representation of employees during the bargaining process.

After careful consideration of the arguments presented and the evidence provided, the Fair Work Commission found that the Hancock Victorian Plantations Pty Ltd - AWU Enterprise Agreement 2020-2023 was compliant with the Fair Work Act. The Commission determined that the agreement contained all necessary provisions, including those relating to pay rates, leave entitlements, and procedural fairness. Furthermore, the Commission concluded that the agreement was made in good faith and met the criteria for a simplified bargaining agreement. Consequently, the Commission approved the agreement, ensuring it would be in effect from the specified period.

The Fair Work Commission's final orders confirmed the approval of the Hancock Victorian Plantations Pty Ltd - AWU Enterprise Agreement 2020-2023. The agreement was deemed to be fair and compliant with the Fair Work Act, ensuring that both the employer and employees were bound by its terms. This decision provides clarity and certainty for the parties involved, allowing them to proceed with the agreed terms and conditions of employment.

Hancock Victorian Plantations Pty Ltd T/A HVP Plantations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established