Application for approval of the Hillwood Farm Services Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Hillwood Farm Services Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hillwood Farm Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 June 2025 and the Agreement was made on 28 November 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

[4] A small discrepancy was identified between the name of the Agreement as lodged for approval and the name of the Agreement used for the NERR. I regard this as a minor technical error and have paid it no regard pursuant to s.188(5) of the Act.

[5] As a consequence of the federal Court decision in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187 a Full Bench of the FWC has inserted new delegates' rights terms into the modern awards in its decision with citation [2026] FWCFB 5. To ensure compliance with the Federal Court ruling, the new version of the award delegates' rights terms has been inserted as a term of the Agreement pursuant to s.205A of the Act.

[6] It should be noted that the Agreement contains a typographical error in clause 13(n) in that the clause refers to two clauses, being 13(x) and 13(y), which are not included as part of the Agreement.

[7] The Applicant has provided written undertakings. 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. I note that there are two sets of undertakings. For clarity, the first set marked HSF-1 were identified at an earlier time by the Commission and included in the material provided at the time of consideration. The second set dated 23 January 2026 arose from issues identified after lodgement.

[8] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2026. The nominal expiry date of the Agreement is 28 January 2030.

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