DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hort Enterprises Pty Ltd
(AG2017/3141)

HORT ENTERPRISES (HE) PTY LTD ENTERPRISE AGREEMENT 2017 TO 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2017 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hort Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 26 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hort Enterprises Pty Ltd was the applicant seeking approval of an Enterprise Agreement from 2017 to 2020. The application was heard in the Fair Work Commission, where the primary concern was the validity and fairness of the proposed agreement. The applicant argued that the agreement was made in good faith and was fair and reasonable, while the respondents contended that certain terms were unfair and did not comply with the statutory requirements.

The legal issues before the Commission involved interpreting the provisions of the Fair Work Act 2009 and determining whether the Enterprise Agreement met the criteria for approval. Key questions included whether the agreement was made in good faith, if it contained terms that were fair and reasonable, and if it complied with the statutory obligations under the Fair Work Act.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission concluded that the Enterprise Agreement met the statutory requirements for approval. It found that the agreement was made in good faith and contained terms that were fair and reasonable, and that it complied with the statutory obligations under the Fair Work Act. The Commission noted that while some concerns were raised by the respondents, they did not outweigh the overall fairness of the agreement.

As a result, the Fair Work Commission approved the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2017 to 2020. The agreement was deemed to be fair, reasonable, and compliant with the statutory requirements, thereby allowing it to take effect as intended.

Hort Enterprises 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