DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hancock Victorian Plantations Pty Ltd T/A HVP Plantations
(AG2017/5006)

HANCOCK VICTORIAN PLANTATIONS PTY LIMITED - AWU ENTERPRISE AGREEMENT 2017-2020

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2017-2020 (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 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hancock Victorian Plantations Pty Ltd, trading as HVP Plantations, applied to the Fair Work Commission for the approval of the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2017-2020. The Australian Workers' Union (AWU) opposed the application, arguing that the proposed agreement did not provide adequate protections for employees. The matter was heard by the Fair Work Commission, which was required to determine whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement provided for the proper classification and remuneration of employees, and whether it contained appropriate mechanisms for the resolution of disputes between the employer and employees. The Commission needed to ensure that the agreement did not undermine the rights of employees and that it provided for fair and reasonable terms of employment. Additionally, the Commission had to consider whether the agreement was negotiated in good faith and whether it provided for appropriate mechanisms for the resolution of disputes.

The Commission found that the proposed agreement met the legal standards for approval under the Fair Work Act. The Commission determined that the agreement provided for appropriate classification and remuneration of employees, and that it contained adequate mechanisms for the resolution of disputes. The Commission also found that the agreement was negotiated in good faith and that it provided for fair and reasonable terms of employment. The Commission was satisfied that the agreement did not undermine the rights of employees and that it provided for appropriate mechanisms for the resolution of disputes.

The Commission approved the Hancock Victorian Plantations Pty Limited - AWU Enterprise Agreement 2017-2020, subject to certain modifications to address the concerns raised by the AWU. These modifications included the addition of provisions relating to the classification and remuneration of employees, as well as the inclusion of additional dispute resolution mechanisms. The Commission considered that these modifications were necessary to ensure that the agreement provided adequate protections for employees and that it met the legal standards for approval under the Fair Work Act.

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