Haan Australia Pty Ltd

[2013] FWCA 8802

FAIR WORK COMMISSION

DECISION

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

Haan Australia Pty Ltd
(AG2013/9987)

HAAN AUSTRALIA PTY LTD GREENFIELD AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 NOVEMBER 2013

Application for approval of the Haan Australia Pty Ltd Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Haan Australia Pty Ltd Greenfield Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Haan Australia Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 19 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Haan Australia Pty Ltd applied for approval of the Haan Australia Pty Ltd Greenfield Agreement 2013. The application was brought under the Fair Work Act 2009. The applicant argued that the proposed agreement would provide for appropriate conditions for its employees, including fair wages and conditions. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement would allow the employer to pay its employees less than the applicable award or registered agreement, and would not provide for appropriate conditions.

The Commission considered whether the proposed agreement would provide for appropriate conditions for the employees. The Commission noted that the proposed agreement provided for wages that were higher than the applicable award rates, and provided for conditions that were generally consistent with the applicable award. However, the Commission also noted that the proposed agreement allowed the employer to pay its employees less than the applicable award or registered agreement in certain circumstances. The Commission concluded that the proposed agreement would provide for appropriate conditions for the employees, and approved the application.

The Commission ordered that the Haan Australia Pty Ltd Greenfield Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement will apply to the employees of the applicant, and will remain in force until 30 June 2018. The Commission also ordered that the CFMEU be given notice of the approval of the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established