Hawthorne Plant And Logistics Pty Ltd T/A Hawthorne Plant And Logistics Pty Ltd

[2025] FWCA 587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hawthorne Plant And Logistics Pty Ltd T/A Hawthorne Plant And Logistics Pty Ltd

(AG2025/259)

HP ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 FEBRUARY 2025

Application for approval of the HPL Enterprise Agreement 2025

This decision deals with an application made for approval of an enterprise agreement known as the HP Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hawthorne Plant and Logistics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 January 2029.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the HPL Enterprise Agreement 2025 by Hawthorne Plant And Logistics Pty Ltd, trading as Hawthorne Plant And Logistics Pty Ltd. The application was made under the Fair Work Act 2009, seeking approval for an enterprise agreement that would apply to their employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval, including its compliance with the Act and its fairness to the employees.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval. This involved examining whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it was fair and reasonable in all its circumstances. The Commission also had to consider if the agreement provided for proper mechanisms for dispute resolution and whether it adequately balanced the interests of the employer and the employees.

In rendering its decision, the Commission considered the evidence presented by both parties, focusing on the negotiation process, the content of the agreement, and its implications for the employees. The Commission concluded that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. It also found that the agreement was fair and reasonable, striking an appropriate balance between the interests of the employer and the employees. The Commission approved the HPL Enterprise Agreement 2025, acknowledging its compliance with the statutory requirements and its fairness to the employees.

The Fair Work Commission approved the HPL Enterprise Agreement 2025, effective from the date of the decision. This decision confirmed the agreement's compliance with the Fair Work Act 2009 and its fairness to the employees, thereby setting the terms and conditions of employment for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established