Clyde Babcock-Hitachi (Australia) Pty Ltd Summary

[2014] FWCA 3052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clyde Babcock-Hitachi (Australia) Pty Ltd
(AG2014/785)

CLYDE BABCOCK-HITACHI (AUSTRALIA) PTY LTD - ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2014

Application for approval of the Clyde Babcock-Hitachi (Australia) Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Clyde Babcock-Hitachi (Australia) Pty Ltd - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Clyde Babcock-Hitachi (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clyde Babcock-Hitachi (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Clyde Babcock-Hitachi (Australia) Pty Ltd - Enterprise Agreement 2014. The applicant is an engineering and construction company, and the respondent is the Construction, Forestry, Maritime, Mining and Energy Union. The dispute revolves around the terms and conditions of employment for certain employees within the company, including issues such as pay rates, hours of work, and leave entitlements.

The primary legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval. The court needed to determine if the agreement provided for a fair and reasonable outcome for employees, considering the principles of procedural fairness, good faith bargaining, and the overall impact on the employees' rights and conditions of employment.

In its decision, the Fair Work Commission found that the enterprise agreement was fair and reasonable, taking into account the need for procedural fairness and good faith bargaining. The court held that the agreement provided for a fair and reasonable outcome for employees and met the criteria for approval under the Fair Work Act 2009. The court further noted that the agreement contained provisions for pay rates, hours of work, and leave entitlements that were consistent with industry standards and provided for adequate protections for employees. Based on this, the court approved the Clyde Babcock-Hitachi (Australia) Pty Ltd - Enterprise Agreement 2014.

The court ordered the approval of the Clyde Babcock-Hitachi (Australia) Pty Ltd - Enterprise Agreement 2014, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, and the agreement will be binding on both the employer and the employees. The decision ensures that the employees will have a fair and reasonable enterprise agreement that provides for their rights and conditions of employment.

Clyde Babcock-Hitachi (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established