D. Hay & Co Pty Ltd

[2013] FWCA 271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D. Hay & Co Pty Ltd
(AG2012/14526)

D. HAY & CO PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 15 JANUARY 2013

Application for approval of the D. Hay & Co Pty Limited Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the D. Hay & Co Pty Limited Employee Collective Agreement 2012 (The Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the agreement has been fairly chosen, and ss. 187 and 188 as relevant to this application for approval have also been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 22 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, D. Hay & Co Pty Ltd, sought approval of the D. Hay & Co Pty Limited Employee Collective Agreement 2012. The application was made under section 232 of the Fair Work Act 2009. The primary concern of the applicant was to have the agreement, which had been negotiated with the relevant trade unions, formally approved as a registered agreement, thereby ensuring its enforceability and compliance with the statutory requirements.

The legal issues before the Commission included whether the agreement met all the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, was free from any illegality, and was negotiated in good faith. Additionally, the Commission considered whether the agreement adequately covered the scope of the enterprise and if it complied with the procedural requirements for registration.

The Fair Work Commission, after considering the submissions from both parties, found that the D. Hay & Co Pty Limited Employee Collective Agreement 2012 satisfied all the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith, contained terms and conditions that were fair and reasonable, and complied with all relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement met the necessary criteria for registration and approved the application. Consequently, the agreement was registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established