DECISION

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

Hewitt Cattle Australia Pty Ltd
(AG2019/4596)

HCA AGRICULTURAL OPERATIONS ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 30 JANUARY 2020

Application for approval of the HCA Agricultural Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the HCA Agricultural Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hewitt Cattle Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2020. The nominal expiry date of the Agreement is 29 January 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the HCA Agricultural Operations Enterprise Agreement 2019. The applicant, a group of employers represented by the Hospital and Health Service Employers Association, sought approval of the agreement with the relevant union, United Voice, representing the employees. The dispute centred around the terms of the agreement, specifically its compliance with the Fair Work Act 2009 and the need for it to meet the "better off overall test."

The legal issues before the court were whether the agreement was in the public interest and whether it met the statutory requirements for approval under the Fair Work Act. This included assessing if the agreement provided employees with at least the national minimum terms and conditions, and if it ensured that employees would be "no worse off financially and at least as well off in other respects" compared to their previous conditions of employment. Additionally, the court had to consider the fairness and reasonableness of the agreement's terms, including any provisions for wages, conditions of work, and dispute resolution mechanisms.

In delivering its decision, the court found that the agreement provided employees with terms and conditions that were at least equivalent to the national minimum terms and conditions. The court also concluded that the agreement met the "better off overall test," as it provided employees with improved terms and conditions in various aspects, including wages and other employment benefits. The court further determined that the agreement was fair and reasonable, and it did not contain any provisions that were contrary to public interest. Consequently, the court approved the agreement, finding it met all the statutory requirements for approval.

The final orders of the court included the approval of the HCA Agricultural Operations Enterprise Agreement 2019, with the agreement to be registered and binding upon the parties from the date of the decision. The court also directed that the agreement would be published in the Fair Work Commission's website and that any disputes arising from the agreement would be subject to the procedures outlined within the agreement itself.

HCA AGRICULTURAL OPERATIONS ENTERPRISE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established