Hi-Quality Sales Victoria Pty Ltd Summary

[2025] FWCA 2187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hi-Quality Sales Victoria Pty Ltd

(AG2025/1899)

HI-QUALITY SALES VICTORIA PTY LIMITED ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER LEE	MELBOURNE, 3 JULY 2025

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

An application has been made for approval of an enterprise agreement known as the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 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.

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.

The Australian Workers’ Union 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 30.2 - Public Holidays.

However, noting clause 3(2) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hi-Quality Sales Victoria Pty Ltd recently came before the Fair Work Commission in an application for approval of an enterprise agreement. The applicant, Hi-Quality Sales Victoria Pty Ltd, sought to have the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 2024 approved. The dispute centred around whether the terms and conditions set forth in the agreement met the necessary legal standards and whether it was fair and reasonable for the employees and the employer.

The legal issues the court needed to resolve were whether the enterprise agreement provided for fair and reasonable terms and conditions of employment, whether it included all the mandated terms as per the Fair Work Act, and if it complied with the procedural requirements set out by the Fair Work Commission. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided adequate safeguards for the interests of the employees.

The Fair Work Commission found that the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 2024 was fair and reasonable and met all the necessary legal standards. The agreement was deemed to have been made in good faith, and it included all the mandated terms as required by the Fair Work Act. The procedural requirements were also met, and the agreement provided adequate safeguards for the employees' interests. Consequently, the application for approval was granted.

The final orders of the Fair Work Commission were that the Hi-Quality Sales Victoria Pty Limited Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment are legally binding and enforceable for both the employer and the employees.

Hi-Quality Sales Victoria Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established