DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hahn Electrical Contracting Pty Ltd ATF THE HEC UNIT TRUST T/A Hahn Electrical Contracting Pty Ltd
(AG2018/4732)

HAHN ELECTRICAL GROUP ENTERPRISE AGREEMENT 2018 - 2022

Mining industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Hahn Electrical Group Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hahn Electrical Group Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hahn Electrical Contracting Pty Ltd ATF THE HEC UNIT TRUST T/A Hahn Electrical Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 17 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hahn Electrical Contracting Pty Ltd trading as Hahn Electrical Contracting, sought approval of a proposed enterprise agreement from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the respondent, Electrical Trades Union of Australia, contested the application. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the agreement was a "direct replacement" of a pre-existing enterprise agreement, as required by section 234(1) of the Fair Work Act. The Commission considered whether the terms and conditions of the proposed agreement were sufficiently similar to those of the existing agreement to qualify as a direct replacement. Additionally, the Commission assessed whether the agreement complied with the procedural requirements for direct replacement agreements, including the necessity for direct replacement agreements to be approved by the majority of eligible employees.

The Commission concluded that the proposed agreement was a direct replacement of the existing agreement, as the terms and conditions were substantially similar, and the changes made were minor. The Commission found that the application complied with the procedural requirements for direct replacement agreements, as the majority of eligible employees had voted in favour of the agreement. The Commission approved the proposed agreement, noting that it met all the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the Hahn Electrical Group Enterprise Agreement 2018 - 2022, finding it to be a direct replacement of the existing agreement and that all procedural requirements were met.

Hahn Electrical Contracting Pty Ltd ATF THE HEC UNIT TRUST T/A Hahn Electrical Contracting 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