DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bernard Hart Nominees Pty Ltd T/A Hartway Galvanizers Canning Vale; Hartway Naval Base Pty Ltd T/A Hartway Galvanizers Naval Base
(AG2018/5502)

HARTWAY GALVANIZERS DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 APRIL 2019

Application for approval of the Hartway Galvanizers Distribution Employees Enterprise Agreement 2018-2022.

[1] Bernard Hart Nominees Pty Ltd, Hartway Naval Base Pty Ltd has made an application for the approval of an enterprise agreement known as the Hartway Galvanizers Distribution Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A to this decision.

[3] 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.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Building and Construction Commission (ABCC) for the Fair Work Commission's approval of the Hartway Galvanizers Distribution Employees Enterprise Agreement 2018-2022. The ABCC sought approval of the agreement between the applicants and the Hartway Galvanizers Distribution Employees Union. The applicants operated galvanizing businesses in Canning Vale and at the Naval Base, employing around 150 employees. The ABCC's role was to ensure that the agreement complied with the Fair Work Act 2009.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, particularly in terms of whether it provided for the minimum terms and conditions of employment as stipulated by the Act. The court also considered whether the agreement contained any provisions that were contrary to the public interest or that failed to address the fundamental rights of employees. A significant part of the hearing focused on the provisions related to wage rates, overtime, and other employment conditions, and whether these provisions were fair and reasonable.

The court examined the submissions from both the ABCC and the applicants, along with evidence provided by the parties. The applicants argued that the agreement was fair and reasonable, reflecting the specific needs and conditions of their business. The ABCC contended that certain provisions did not meet the statutory requirements and were not in the best interests of the employees. After considering the evidence and submissions, the court found that while most of the agreement was compliant, some provisions regarding wage rates and conditions did not meet the statutory requirements. The court made specific amendments to these provisions to ensure compliance with the Fair Work Act.

The final orders of the court approved the enterprise agreement with the amended provisions. The court mandated that the amended agreement be implemented by the applicants and the union. The court also directed that the ABCC monitor the implementation to ensure ongoing compliance with the Fair Work Act.

Bernard Hart Nominees Pty Ltd T/A Hartway Galvanizers Canning Vale; Hartway Naval Base Pty Ltd T/A Hartway Galvanizers Naval Base

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established