H-E Parts International Crushing Solutions Pty Ltd Summary

[2022] FWCA 3813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

H-E Parts International Crushing Solutions Pty Ltd

(AG2022/4181)

H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022

Mining industry
COMMISSIONER SCHNEIDER	PERTH, 28 OCTOBER 2022

Application for approval of the H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022

H-E Parts International Crushing Solutions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the H-E PARTS INTERNATIONALCRUSHING SOLUTIONS PTY LTD Western Australia Enterprise Agreement 2022 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 28 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, H-E Parts International Crushing Solutions Pty Ltd sought approval for the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2022. The applicant is a company involved in the manufacturing and supply of crushing and screening equipment, and the respondents were the employees covered by the proposed agreement. The dispute centred on the fairness and compliance of the terms outlined in the enterprise agreement with the applicable industrial laws and standards.

The court was required to determine whether the agreement was made in good faith, provided for the proper classification of employees, and met the minimum entitlements stipulated by the Fair Work Act 2009. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or that would unfairly disadvantage any party.

The Fair Work Commission assessed the submissions and evidence provided by both parties and concluded that the agreement was made in good faith and contained appropriate provisions for employee classification and minimum entitlements. The Commission found no evidence of coercion or unfairness in the negotiation process. Furthermore, the agreement was deemed to comply with all relevant industrial laws and did not include any provisions that were contrary to public policy.

As a result, the Commission approved the H-E Parts International Crushing Solutions Pty Ltd Western Australia Enterprise Agreement 2022, effective from the date of the decision. The approval was contingent upon the company adhering to the terms and conditions set forth in the agreement, and the employees covered by the agreement would be bound by its provisions.

H-E Parts International Crushing Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established