Haden Engineering Pty Ltd

[2013] FWCA 391

FAIR WORK COMMISSION

DECISION

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

Haden Engineering Pty Ltd
(AG2012/13058)

HADEN ENGINEERING MECHANICAL SERVICE ENTERPRISE AGREEMENT (SOUTH EAST QUEENSLAND) 2012 - 2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Haden Engineering Mechanical Service Enterprise Agreement (South East Queensland) 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Haden Engineering Mechanical Service Enterprise Agreement (South East Queensland) 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haden Engineering Pty Ltd. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 28 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Haden Engineering Pty Ltd was the applicant seeking the approval of a mechanical service enterprise agreement for its employees in the South East Queensland region from 2012 to 2015. The application was brought before the Fair Work Commission, which was required to determine if the proposed agreement met the requirements of the Fair Work Act 2009. The key legal issues revolved around whether the agreement was genuinely bargained, whether it covered the necessary minimum terms, and whether it complied with the provisions of the Act.

The Commission found that the agreement was genuinely negotiated between the employer and the employees, as evidenced by the extensive consultation and bargaining process. The agreement was also found to cover all the minimum terms mandated by the Act, including provisions on wages, hours of work, and other employment conditions. Additionally, the Commission assessed whether the agreement met the "better-off overall test" to ensure that it did not disadvantage the employees in comparison to the existing industrial instrument. The Commission concluded that the proposed agreement did indeed meet this test.

The Fair Work Commission approved the Mechanical Service Enterprise Agreement (South East Queensland) 2012 - 2015, finding it to be a genuinely negotiated agreement that covered all required minimum terms and met the better-off overall test. The approval ensures that the terms of the agreement will be legally binding on both the employer and employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established