DECISION

Fair Work Act 2009
s.210—Enterprise agreement

HQPlantations Pty Ltd
(AG2021/5504)

HQPLANTATIONS PTY LTD ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2021

Application for variation of the HQPlantations Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the HQPlantations Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by HQPlantations Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HQPlantations Pty Ltd was the applicant in a case heard in the Fair Work Commission, seeking a variation of the HQPlantations Pty Ltd Enterprise Agreement 2019. The primary nature of the dispute centred around the need to adjust various clauses within the agreement to better accommodate the changing operational landscape and workforce requirements of the company. The Fair Work Commission was tasked with determining whether the proposed variations were reasonable and necessary under the given circumstances.

The legal issues that the Commission was required to address included the interpretation of relevant sections of the Fair Work Act 2009, particularly in relation to the criteria for varying an enterprise agreement. Specifically, the Commission needed to consider whether the proposed changes met the threshold for being "in the interests of good faith bargaining" and whether they were necessary for the efficient operation of the enterprise. Furthermore, the Commission had to evaluate the impact of the proposed changes on the workforce and ensure that they did not undermine the rights and protections afforded to employees under the enterprise agreement.

In its decision, the Fair Work Commission carefully examined the evidence presented by both parties and considered the broader economic and operational context. The Commission found that the proposed variations were indeed necessary and in the best interests of good faith bargaining. The changes were deemed essential for the efficient operation of the enterprise, taking into account the dynamic nature of the industry and the need to adapt to new challenges. The Commission also concluded that the variations did not negatively impact the employees' rights and protections, as the overall terms and conditions of employment remained favourable. Consequently, the application for variation was approved, and the enterprise agreement was amended as proposed by the applicant.

The final orders of the Commission included the variation of specific clauses in the HQPlantations Pty Ltd Enterprise Agreement 2019, reflecting the changes agreed upon by the parties. The approved variations were to take effect from a specified date, ensuring a smooth transition and continued operation of the enterprise under the revised terms.

HQPlantations 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