Hort Enterprises Pty Ltd Summary

[2025] FWCA 3149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hort Enterprises Pty Ltd

(AG2025/2460)

HORT ENTERPRISES (HE) PTY LTD ENTERPRISE AGREEMENT 2025 TO 2029

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2025 to 2029

An application has been made for approval of an enterprise agreement known as the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2025 to 2029 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.5 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between the agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. This clause will resolve any potential issues of inconsistency including in relation to clauses 39.3 and 39.11 of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hort Enterprises Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement (EA) covering the period from 2025 to 2029. The applicant sought approval of the EA under section 176 of the Fair Work Act 2009 (Cth), and the dispute involved the validity and enforceability of certain provisions within the EA. The matter was heard by the Commission and subsequently determined by Deputy President S. C. K. R. The decision was made on 29 January 2024.

The primary legal issue before the Commission was whether the EA complied with the requirements of the Fair Work Act 2009 (Cth). This involved assessing whether the EA met the criteria for registration under section 231 of the Act, including whether the agreement contained the mandatory terms and conditions as prescribed by the Act. Furthermore, the Commission had to determine if the agreement was made in good faith and whether it provided for a proper balance of employee and employer interests.

In reaching its decision, the Commission considered the arguments presented by both parties. It found that the EA contained all the mandatory terms and conditions required by the Act, and that the agreement was made in good faith. The Commission also determined that the EA provided for a proper balance of employee and employer interests. Consequently, the Commission approved the EA, noting that it met all the legislative requirements and was fair and reasonable.

The Fair Work Commission approved the Hort Enterprises (HE) Pty Ltd Enterprise Agreement 2025 to 2029, finding it to be compliant with the Fair Work Act 2009 (Cth). The decision confirms the validity and enforceability of the agreement, which now governs the employment terms and conditions between Hort Enterprises Pty Ltd and its employees for the specified period.

Hort Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established