Hexham Staff Pty Ltd T/A Hexham Staff Pty Ltd Summary

[2022] FWCA 4136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hexham Staff Pty Ltd T/A Hexham Staff Pty Ltd

(AG2022/4502)

Brancourts Hexham Enterprise Agreement 2022-2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 NOVEMBER 2022

Application for approval of the Brancourts Hexham Enterprise Agreement 2022-2024.

Hexham Staff Pty Ltd T/A Hexham Staff Pty Ltd (the Employer) has made an application for the approval of the Brancourts Hexham Enterprise Agreement 2022-2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Australasian Meat Industry Employees Union (AMIEU) was a bargaining representative for the Agreement and 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 AMIEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hexham Staff Pty Ltd T/A Hexham Staff sought the Fair Work Commission's approval of the Brancourts Hexham Enterprise Agreement 2022-2024, which outlines the terms and conditions of employment for its workers. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the statutory requirements and was in the best interests of the employees.

The central legal issue before the Commission was whether the agreement provided adequate protection to the employees, as mandated by the Fair Work Act. This included assessing whether the agreement contained all the applicable minimum entitlements, provided for fair dispute resolution mechanisms, and was negotiated in good faith. The AMWU contended that the agreement failed to adequately address several aspects, including the right to request flexible working arrangements, the treatment of part-time and casual employees, and the process for resolving disputes.

In considering the application, the Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that while there were some shortcomings in the agreement, these were not of a significant nature to warrant refusal of approval. The agreement was deemed to provide a fair and reasonable framework for the employment relationship, taking into account the specific circumstances of the enterprise. The Commission concluded that the agreement met the necessary standards for approval and was in the best interests of the employees, and accordingly, approved the Brancourts Hexham Enterprise Agreement 2022-2024.

Hexham Staff Pty Ltd T/A Hexham Staff Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established