H-Link Construction Pty Ltd

[2013] FWCA 20

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H-Link Construction Pty Ltd
(AG2012/8737)

H-LINK CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 JANUARY 2013

Application for approval of the H-Link Construction Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the H-Link Construction Pty Ltd Enterprise 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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 11 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

H-Link Construction Pty Ltd applied to the Fair Work Commission for approval of the H-Link Construction Pty Ltd Enterprise Agreement 2012, which had been negotiated with a trade union. The application was opposed by the Australian Building and Construction Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement met the requirements for employee representation and if it contained all necessary terms and conditions of employment.

The key legal issues revolved around the validity of the employee representation provisions in the agreement and whether these provisions complied with the statutory requirements. The Commission also needed to ensure that the agreement contained all the mandated terms and conditions and that it did not unfairly disadvantage any employees. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the parties had genuinely bargained for the terms included.

In its decision, the Fair Work Commission found that the employee representation provisions in the agreement were valid and complied with the statutory requirements. The Commission determined that the agreement contained all necessary terms and conditions of employment and did not unfairly disadvantage any employees. The Commission concluded that the agreement was made in good faith and that the parties had genuinely bargained for the terms included. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the H-Link Construction Pty Ltd Enterprise Agreement 2012, finding it to be compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission confirmed that the agreement met all legal requirements, including proper employee representation, inclusion of all mandated terms and conditions, and adherence to good faith bargaining principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established