DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hagson Consulting Pty Ltd
(AG2017/745)

HAGSON CONSULTING PTY LTD ENTERPRISE AGREEMENT 2017-2021

Storage services
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2017

Application for approval of the Hagson Consulting Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hagson Consulting Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hagson Consulting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 13 April 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Hagson Consulting Pty Ltd recently came before the Fair Work Commission, where the company sought approval for its Enterprise Agreement 2017-2021. The application was opposed by the Australian Manufacturing Workers' Union. The crux of the dispute revolved around certain clauses within the proposed agreement that the union deemed unfavourable to the employees. The Commission was tasked with determining whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed Enterprise Agreement complied with the provisions of the Fair Work Act, including the minimum entitlements that must be provided to employees. Additionally, the Commission had to assess whether the agreement had been fairly negotiated and if it contained terms that were discriminatory or unjust. The union argued that several clauses in the agreement did not provide adequate protection for employees' rights and were not reflective of genuine negotiations.

In delivering its decision, the Commission examined the terms of the Enterprise Agreement clause by clause, taking into account statutory minimum entitlements and the principle of genuine negotiation. The Commission found that while the agreement contained provisions that were beneficial to the employees, certain clauses did not meet the requirements set out in the Fair Work Act. After considering the submissions from both parties, the Commission approved the agreement with modifications to specific clauses to ensure compliance with the Act and to safeguard the employees' rights. The modifications were aimed at rectifying the issues raised by the union and ensuring that the agreement was fair and just for all parties involved.

Hagson Consulting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established