DECISION

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

H-E Parts International Crushing Solutions Pty Ltd T/A HE Parts CME
(AG2017/517)

H-E PARTS INTERNATIONAL CRUSHING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2017

Application for approval of the H-E Parts International Crushing Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the H-E Parts International Crushing Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H-E Parts International Crushing Solutions Pty Ltd T/A HE Parts CME. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 21 March 2017 and, in accordance with s.54, will operate from 28 March 2017. The nominal expiry date of the Agreement is 28 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the case involved H-E Parts International Crushing Solutions Pty Ltd, trading as HE Parts CME, which sought approval of the H-E Parts International Crushing Solutions Pty Ltd Enterprise Agreement 2017. The application for approval was brought under the Fair Work Act 2009. The dispute centred around the fairness and validity of the enterprise agreement, particularly concerning the terms and conditions of employment for the workers covered by the agreement.

The primary legal issues before the court were whether the agreement was made in accordance with the legislative requirements and whether it contained the necessary procedural fairness. The court had to consider if the agreement met the standards for good faith bargaining and if it provided for minimum entitlements as stipulated by the Fair Work Act. Additionally, the court examined if the agreement adequately protected the rights of the employees and if it was appropriately registered.

The court's reasoning involved a detailed examination of the bargaining process and the content of the agreement. It found that the agreement was made in good faith and that the bargaining process was fair. The court also determined that the agreement provided for all minimum entitlements and did not undervalue the employees' rights. The agreement was deemed to meet the standards of procedural fairness and was therefore approved for registration.

The final orders of the court were that the H-E Parts International Crushing Solutions Pty Ltd Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision confirmed the agreement's validity and enforceability, providing clarity and legal certainty for both the employer and the employees.

H-E Parts International Crushing Solutions Pty Ltd T/A HE Parts CME

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established