DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haan Australia Pty Ltd T/A IXL Solar
(AG2017/415)

HAAN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 MARCH 2017

Application for approval of the Haan Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Haan Australia Pty Ltd Enterprise Agreement 201. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haan Australia Pty Ltd T/A IXL Solar. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 19 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Haan Australia Pty Ltd T/A IXL Solar applied for approval of the Haan Australia Pty Ltd Enterprise Agreement 2016. The application was opposed by the Electrical Trades Union of Australia (ETUA). The dispute centred around the terms and conditions of employment, particularly the classification of employees and the impact of the agreement on their pay and conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the ETUA argued that the agreement failed to provide for the proper classification of employees, which would result in lower pay and conditions than those stipulated in the applicable award. The Commission had to determine if the agreement met the requirements for "better off overall" and "no detriment" as per the legislation, as well as whether it adhered to the "in-principle bargaining" provisions.

The Commission found that the proposed agreement did indeed comply with the necessary statutory requirements. The terms and conditions provided for in the agreement were considered to be no less favourable than those in the applicable award, and the agreement was deemed to be "better off overall" for the employees. Furthermore, the Commission concluded that the agreement had been negotiated in good faith, in accordance with the principles of "in-principle bargaining". Consequently, the application for approval was granted, and the agreement was approved.

The Commission's decision was that the Haan Australia Pty Ltd Enterprise Agreement 2016 was approved and would come into effect from the date of the decision. The ETUA's objections were dismissed, and the agreement was recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

Haan Australia Pty Ltd T/A IXL Solar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established