DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobson Growers Pty Ltd T/A Hobson Family Trust
(AG2017/3024)

HOBSON GROWERS PTY LTD T/AS HOBSON FAMILY TRUST & EMPLOYEES ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2017

Application for approval of the Hobson Growers Pty Ltd T/As Hobson Family Trust & Employees Enterprise Agreement 2017.

[1] On 21 July 2017 Hobson Growers Pty Ltd T/A Hobson Family Trust (Applicant) made an application for approval of the Hobson Growers Pty Ltd T/As Hobson Family Trust & Employees Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 October 2017. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hobson Growers Pty Ltd, trading as the Hobson Family Trust, along with its employees, applied for the approval of their Enterprise Agreement 2017. The Federal Circuit and Family Court of Australia was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement, which was submitted for approval, complied with the statutory provisions for enterprise agreements, including the obligation to address minimum entitlements and the process for making the agreement.

The court examined whether the agreement appropriately covered all required terms and conditions of employment, ensuring that it did not adversely affect employees' minimum entitlements. It also considered the fairness of the agreement, including whether it had been made in good faith and whether there was adequate consultation with the employees. The court found that the agreement was comprehensive and did not undermine the minimum standards set out in the Fair Work Act. Additionally, the court was satisfied that the process of making the agreement was fair and that there was sufficient evidence of good faith and adequate consultation between the parties.

Consequently, the court approved the Hobson Growers Pty Ltd T/As Hobson Family Trust & Employees Enterprise Agreement 2017, confirming that it met all statutory requirements and was therefore valid. This decision ensured that the terms of the agreement could be implemented as intended by the parties involved. The approval provided legal certainty to both the employer and the employees regarding the terms and conditions of their employment.

Hobson Growers Pty Ltd T/A Hobson Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established