HP Rural Pty Ltd [2025] FWCA 1507 (7 May 2025)

[1] HP Rural Pty Limited has applied for approval of an enterprise agreement known as the HP Rural Pty Ltd Enterprise Bargaining Agreement 2025-2028 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009.[1] The Agreement is a single enterprise agreement.

[2] On reading through the material originally provided by HP Rural, I had some concerns as to whether the employees who voted for the Agreement were sufficiently representative of the employees the Agreement is expressed to cover, within the meaning of section 188(2). Through email correspondence between my Chambers and HP Rural, my concerns have been allayed. It is not necessary to traverse that correspondence.

[3] Although the title of the Agreement refers to "HP Rural Pty Ltd", the employer is described in clause 1.1(a) as "Harris Rural Pty Ltd". I raised this with the company, which confirmed that its correct name is HP Rural Pty Ltd. On the information available to me, I consider this to be an "obvious error" capable of being amended under section 218A. I will amend the Agreement accordingly.

[4] The Employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.

[5] Pursuant to section 190(3), I accept the undertaking. It is taken to be a term of the Agreement.

[6] Clause 28.5(f) of the Agreement provides that if an employee is absent on personal/carer's leave for more than two consecutive days they must provide "a medical certificate...from a qualified medical practitioner detailing the period the Employee will be unable to work". This is to be contrasted with section 107, which requires an employee to provide "evidence that would satisfy a reasonable person" that the leave is taken for the specified reason. To that extent, the Agreement is more restrictive that the National Employment Standards.

[7] Having noted that, clause 3.1 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 28.5(f) is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.

[8] Clause 33.1 of the Agreement confers delegates' rights to the extent that they are conferred by section 350C. Clause 33.2 allows for any more beneficial terms in clause 36A of the Building and Construction General On-site Award 2020 to apply. For certainty and clarity, clause 36A of the Award is taken to be a term of the Agreement, in accordance with section 205A(2).

[9] Having regard to the Undertaking, the material in the application and accompanying declaration, and the matters that have been canvassed with HP Rural by email, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to the application have been met.

[10] The Agreement is approved. In accordance with section 54, the Agreement will operate from 14 May 2025. The nominal expiry date of the Agreement is 7 May 2028.

[11] Pursuant to section 218A, I order that the Agreement be varied by deleting the name "Harris Rural Pty Ltd" from clause 1.1(a) and replacing it with "HP Rural Pty Ltd". That variation will operate from the date of this decision.

[1] All references in this decision to legislative provisions are to provisions of that Act.

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