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
(AG2018/5501)

HARTWAY GALVANIZERS SHOP FLOOR EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 MARCH 2019

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

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s 54, will operate from 28 March 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 applicants, Bernard Hart Nominees Pty Ltd and Hartway Naval Base Pty Ltd, trading as Hartway Galvanizers, sought approval of the Hartway Galvanizers Shop Floor Employees Enterprise Agreement 2018-2022 from the Fair Work Commission. The applicants argued that the agreement was made in good faith and that it complied with the relevant provisions of the Fair Work Act 2009. The dispute arose from an objection to the application by the Maritime Union of Australia, which raised concerns about certain provisions in the agreement.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, was free from any improper conduct, and whether it complied with the provisions of the Act. Additionally, the court had to consider if the agreement contained terms that were contrary to public policy or not reasonably necessary to achieve a legitimate objective.

The Fair Work Commission found that the agreement was made in good faith and did not contain any terms that were contrary to public policy. The Commission concluded that the applicants had demonstrated that the agreement was necessary to achieve a legitimate objective and was not unreasonable. The Commission also found that the agreement complied with the provisions of the Fair Work Act. As a result, the application for approval of the Hartway Galvanizers Shop Floor Employees Enterprise Agreement 2018-2022 was approved.

The Fair Work Commission approved the Hartway Galvanizers Shop Floor Employees Enterprise Agreement 2018-2022, finding that it was made in good faith and complied with the relevant provisions of the Fair Work Act. The Commission dismissed the objection raised by the Maritime Union of Australia.

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