[2019] FWCA 5659

The attached document replaces the document previously issued with the above code on 14 August 2019.

The Construction, Forestry, Maritime, Mining and Energy Union has been added to the bargaining representatives in paragraph [5] below.

Richard Murray

Associate to Commissioner Cirkovic

Dated 15 August 2019

[2019] FWCA 5659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HQPlantations Pty Ltd
(AG2019/2421)

HQPLANTATIONS PTY LTD ENTERPRISE AGREEMENT 2019

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the HQPlantations Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HQPlantations Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- clause 1.13 of Appendix C;

- clause 1.10 of Appendix D;

- clause 29(e); and

- clause 29.1(i).

[3] However, noting clause 6.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Australian Workers’ Union; Construction, Forestry, Maritime, Mining and Energy Union and Australian Municipal, Administrative, Clerical and Services Union, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 14 August 2019 and, in accordance with s.54, will operate from 21 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HQPlantations Pty Ltd sought approval of the Enterprise Agreement 2019 in the Fair Work Commission, which would apply to its employees. The agreement proposed various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The dispute arose when certain unions and employee representatives argued that the proposed agreement did not adequately protect employees' rights and interests, particularly in relation to wage increases and redundancy provisions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with relevant legislative requirements, and whether it was appropriately negotiated. The Commission had to consider the principles of "better off overall" and "fairness" as set out in the Fair Work Act 2009. It also needed to determine if the agreement met the "independent" test, ensuring that it was not the result of any form of coercion or undue influence.

The Fair Work Commission determined that the Enterprise Agreement 2019 provided for fair and reasonable terms and conditions of employment, and complied with all relevant legislative requirements. The Commission found that the agreement was independently negotiated and met the "better off overall" test. It also concluded that the proposed agreement was fair, taking into account the interests of both the employer and the employees. The Commission approved the Enterprise Agreement 2019, subject to minor modifications to address some of the concerns raised by the unions and employee representatives.

The Fair Work Commission's decision was that the Enterprise Agreement 2019 be approved, with the minor modifications as outlined in the reasons for the decision. The Commission's approval ensures that the agreement will apply to the employees of HQPlantations Pty Ltd, providing a framework for their employment terms and conditions. This decision provides legal certainty for both the employer and the employees, while also ensuring that employees' rights and interests are adequately protected.

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