HPP Pty Ltd

[2023] FWCA 2444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HPP Pty Ltd

(AG2023/2441)

HPP PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 4 AUGUST 2023

Application for approval of the HPP Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the HPP Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HPP Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2023. The nominal expiry date of the Agreement is 3 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HPP Pty Ltd, the applicant, sought approval of the HPP Pty Ltd Enterprise Agreement 2023 from the Fair Work Commission, which was heard by Commissioner R.C. The respondents to the application were the Australian Manufacturing Workers' Union and various employees represented by the union. The nature of the dispute centred on the procedural and substantive fairness of the agreement reached between the parties. The Court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Court included whether the agreement was made in good faith, whether it contained the mandated minimum terms and conditions, and whether the bargaining process adhered to the statutory requirements. A key issue was whether the process of reaching the agreement was free from any improper conduct or coercion. The Court also needed to assess if the agreement was appropriately negotiated and if it provided for fair and reasonable terms for the employees.

The Court, in its reasoning, found that the agreement was indeed made in good faith and that the bargaining process was free from any improper conduct. The agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act. The Court determined that the process of reaching the agreement was fair and reasonable, and it was appropriately negotiated. Consequently, the Court approved the HPP Pty Ltd Enterprise Agreement 2023, finding it to be substantively and procedurally fair.

The final orders of the Court included the approval of the HPP Pty Ltd Enterprise Agreement 2023, which would now bind the parties and their employees. The agreement was to be registered with the Fair Work Commission, and the Court directed that it would come into effect on the date of the order. The approval was subject to the conditions that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established