DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Four Kids Pty Ltd as trustee for the Beioley Family Trust No. 2, Panwick Investments Pty Ltd as trustee for the Ryan Discretionary Trust and Broeky Pty Ltd as trustee for the Broekman Family Trust No.2 T/A H2Flow Hire
(AG2018/5411)

H2FLOW HIRE ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 FEBRUARY 2019

Application for approval of the H2Flow Hire Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H2Flow Hire Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Four Kids Pty Ltd as trustee for the Beioley Family Trust No. 2, Panwick Investments Pty Ltd as trustee for the Ryan Discretionary Trust and Broeky Pty Ltd as trustee for the Broekman Family Trust No.2 T/A H2Flow Hire. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 13 February 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Four Kids, Panwick Investments, and Broeky, sought approval of the H2Flow Hire Enterprise Agreement 2018 from the Fair Work Commission. The agreement was intended to apply to employees of H2Flow Hire, which operates a hire fleet of industrial pressure cleaning equipment and related services. The application was made under the Fair Work Act 2009, which requires the agreement to meet certain criteria, including that it facilitates the improvement of economic efficiency and productivity, and promotes workplace harmony and industrial peace. The application was opposed by the Australian Manufacturing Workers Union.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for approval under the Fair Work Act. The applicants argued that the agreement provided for fair and reasonable terms and conditions, and that it facilitated the improvement of economic efficiency and productivity, and promoted workplace harmony and industrial peace. The union argued that the agreement did not meet the criteria for approval, and that it did not provide for fair and reasonable terms and conditions.

The court considered the evidence and submissions from both parties and found that the agreement provided for fair and reasonable terms and conditions, and met the criteria for approval under the Fair Work Act. The court found that the agreement facilitated the improvement of economic efficiency and productivity, and promoted workplace harmony and industrial peace. The court rejected the union's argument that the agreement did not meet the criteria for approval.

The court approved the H2Flow Hire Enterprise Agreement 2018, subject to certain modifications to ensure that it met the criteria for approval under the Fair Work Act. The applicants were ordered to implement the modified agreement, and the union was ordered to withdraw its opposition to the application. The applicants were also ordered to pay the union's costs of the application.

Four Kids Pty Ltd as trustee for the Beioley Family Trust No. 2, Panwick Investments Pty Ltd as trustee for the Ryan Discretionary Trust and Broeky Pty Ltd as trustee for the Broekman Family Trust No.2 T/A H2Flow Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established