National Hide Processors Pty Ltd As Trustee For National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd

[2022] FWCA 2781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Hide Processors Pty Ltd As Trustee For National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd

(AG2022/3130)

National Hide Processors Pty Ltd, Hemmant, Queensland & United Workers Union Enterprise Agreement 2022

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COMMISSIONER SPENCER	BRISBANE, 16 AUGUST 2022

Application for approval of the National Hide Processors Pty Ltd, Hemmant, Queensland & United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the National Hide Processors Pty Ltd, Hemmant, Queensland & United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Hide Processors Pty Ltd as Trustee for National Hide Processors Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The United Workers Union (UWU), being a bargaining representative for the Agreement, has 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2022. The nominal expiry date of the Agreement is 27 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, National Hide Processors Pty Ltd, trading as National Hide Processors Pty Ltd, sought approval of the National Hide Processors Pty Ltd, Hemmant, Queensland & United Workers Union Enterprise Agreement 2022. The application was brought pursuant to section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to decide whether the agreement met the requirements for registration set out in the Fair Work Act 2009.

The Commission found that the agreement contained all the prescribed terms, was in the prescribed form and had been made in good faith. It also found that the agreement satisfied the requirements for registration and met the test for being a "better off overall" agreement. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages, improved leave entitlements, and the establishment of a new enterprise bargaining committee. The Commission was satisfied that the agreement was fair and reasonable, and that it would promote harmonious, productive and cooperative workplace relations.

Accordingly, the Fair Work Commission approved the National Hide Processors Pty Ltd, Hemmant, Queensland & United Workers Union Enterprise Agreement 2022. The agreement is now registered and binding on all parties, including the applicant, the union and all employees covered by the agreement. The decision provides certainty for all parties and ensures that the agreement will be implemented in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established