DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haan Australia Pty Ltd T/A IXL Solar
(AG2019/4699)

HAAN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 18 DECEMBER 2019

Application for approval of the Haan Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Haan Australia Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Haan Australia Pty Ltd T/A IXL Solar. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 December 2019.

[3] A telephone Conference was conducted on 18 December 2019.

[4] The Applicant has used an old Notice of Employee Representational Rights (NERR) and placed the same on a letterhead. In respect of these deficiencies, I do not believe that it had the effect of disenfranchising any employee who is covered by the proposed Agreement from participation in the bargaining process. I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Haan Australia Pty Ltd, trading as IXL Solar, seeking approval of the Haan Australia Pty Ltd Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the employees covered by the agreement, which was negotiated between the company and the relevant union. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act, specifically whether it provided for the employees' minimum entitlements, included provisions for the variation of terms and conditions, and was free from prohibited content. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it facilitated the efficient operation of the enterprise.

In reaching its decision, the Commission examined the provisions of the agreement and the evidence provided by both parties. The Commission noted that the agreement included provisions that met the minimum entitlements and allowed for the variation of terms and conditions in certain circumstances. The Commission was satisfied that the agreement was genuinely negotiated, as evidenced by the submissions and documentation provided. The Commission also found that the agreement facilitated the efficient operation of the enterprise by providing for streamlined processes and clear dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

The Fair Work Commission hereby approves the Haan Australia Pty Ltd Enterprise Agreement 2019. The agreement shall be registered and have effect as a registered agreement under the Fair Work Act 2009. The approval is subject to the conditions and limitations set out in the decision. The parties are directed to take all necessary steps to give effect to the approved agreement.

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