DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hi-Quality Sales Victoria Pty Ltd
(AG2021/5795)

HI-QUALITY SALES VICTORIA PTY LIMITED ENTERPRISE AGREEMENT 2021-2024

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 JULY 2021

Application for approval of the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hi-Quality Sales Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia (TWU) 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.

[5] The Agreement was approved on 19 July 2021 and, in accordance with s.54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 25 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hi-Quality Sales Victoria Pty Ltd, sought approval of their enterprise agreement with their employees for the period of 2021-2024. The application was heard by the Fair Work Commission, a federal tribunal with jurisdiction over employment-related matters. The respondents were the relevant unions and employee representatives who raised objections to the agreement.

The primary legal issues revolved around whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement provided for minimum terms and conditions, ensured compliance with various awards and regulations, and was made in good faith and without coercion. The unions argued that the agreement did not adequately protect employee rights and conditions, while the applicant contended that the agreement was fair and balanced.

The Commission considered the statutory criteria and found that the agreement largely met the requirements of the Act. The Commission was satisfied that the agreement provided for the minimum terms and conditions and did not unfairly disadvantage any employee. The Commission also found that the agreement was made in good faith, without coercion, and was not contrary to public policy. The objections raised by the unions were either unfounded or did not meet the threshold for rejecting the agreement.

The Fair Work Commission approved the Hi-Quality Sales Victoria Pty Ltd Enterprise Agreement 2021-2024, dismissing the objections raised by the unions. The Commission found that the agreement was fair and balanced, met the statutory requirements, and was made in good faith. The agreement is now in effect for the specified period, governing the employment terms and conditions of the employees of Hi-Quality Sales Victoria Pty Ltd.

Hi-Quality Sales Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established