Hive & Wellness Australia Pty Ltd Summary

[2021] FWCA 6948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hive & Wellness Australia Pty Ltd
(AG2021/8417)

HIVE & WELLNESS AUSTRALIA PTY LTD RICHLANDS OPERATIONS ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 2 DECEMBER 2021

Application for approval of the Hive & Wellness Australia Pty Ltd Richlands Operations Enterprise Agreement 2021.

[1] Hive & Wellness Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Hive & Wellness Australia Pty Ltd Richlands Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union (UWU) 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) of the Act I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 2 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Hive & Wellness Australia Pty Ltd Richlands Operations Enterprise Agreement 2021. The application was brought before the Fair Work Commission by the Australian Education, Research & Training Union. The dispute centred around the terms and conditions of the proposed agreement, specifically the changes to the wage rates and conditions of the employees under the Richlands operations of Hive & Wellness Australia Pty Ltd.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009. The Commission needed to assess if the agreement contained the necessary provisions, was free from prohibited content, and had been made in good faith and without coercion. The Commission also needed to consider the views of the employees and the union, as well as any potential impact on the employees' terms and conditions.

The Fair Work Commission found that the proposed agreement contained all the necessary provisions and was free from prohibited content. The Commission was satisfied that the agreement had been made in good faith and without coercion. The Commission also considered the views of the employees and the union, as well as the potential impact on the employees' terms and conditions. After weighing all the factors, the Commission determined that the proposed agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009. The Commission approved the agreement, which now becomes a legally binding contract between the employer and the employees.

The Fair Work Commission approved the Hive & Wellness Australia Pty Ltd Richlands Operations Enterprise Agreement 2021, effective from the date of the Commission's decision. The agreement now serves as a legally binding contract between the employer and the employees, governing their terms and conditions of employment. The approval of the agreement brings certainty to the employment relationship and ensures that the employees' rights and obligations are clearly defined.

Hive & Wellness Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established