Hewitt Agribusiness Pty Ltd Summary

[2024] FWCA 2298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hewitt Agribusiness Pty Ltd

(AG2024/1707)

HEWITT AGRIBUSINESS ENTERPRISE AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JUNE 2024

Application for approval of the Hewitt Agribusiness Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hewitt Agribusiness Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 19 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Hewitt Agribusiness Pty Ltd involved a dispute over the approval of the Hewitt Agribusiness Enterprise Agreement 2024. The applicant, Hewitt Agribusiness, sought the approval of the Fair Work Commission (FWC), which was required for the agreement to be registered under the Fair Work Act 2009. The respondents, represented by various unions, challenged the agreement on several grounds, primarily arguing that it did not meet the requirements for an enterprise agreement under the Act.

The legal issues that the FWC was required to decide centred on whether the agreement complied with the legislative framework governing enterprise agreements. Key issues included whether the agreement was made in good faith, whether it was made for the purpose of establishing the terms and conditions of employment, and whether it satisfied the requirements for coverage, good faith bargaining, and the protection of employees' interests. Additionally, the FWC needed to assess whether the agreement provided for a fair and efficient system for resolving disputes and adequately protected employees' rights.

The FWC carefully examined the provisions of the agreement, considering submissions from both parties. The FWC found that the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment. The FWC determined that the agreement satisfied the necessary requirements for coverage and provided for a fair and efficient system for resolving disputes. The FWC also considered the balance of the agreement in terms of protecting employees' rights and interests, ultimately concluding that it met the legislative standards. Based on these findings, the FWC approved the agreement.

The FWC issued orders approving the Hewitt Agribusiness Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The agreement was registered, and the FWC's decision provided clarity on the requirements for such agreements in the future. The approval of the agreement was a significant outcome, as it allowed for the establishment of the terms and conditions of employment within Hewitt Agribusiness, while also ensuring that the interests of the employees were adequately protected.

Hewitt Agribusiness Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established