DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamar NSW Pty Limited
(AG2017/3487)

HAMAR NSW PTY LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 12 OCTOBER 2017

Application for approval of the Hamar NSW Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hamar NSW Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hamar NSW Pty Limited. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hamar NSW Pty Limited applied to the Fair Work Commission for the approval of an enterprise agreement with its employees. The applicants sought to have the Hamar NSW Pty Limited Enterprise Agreement 2017 registered with the Fair Work Commission under section 231 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union, which raised several objections to the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The union contended that the agreement did not meet the statutory minimum terms and conditions, and that it included provisions that were unfair or contrary to public policy. The union further argued that the agreement did not provide adequate protection for employees' rights and entitlements.

In considering the application, the Fair Work Commission assessed the provisions of the proposed agreement against the requirements of the Fair Work Act. The Commission found that the agreement generally complied with the statutory minimum terms and conditions, and that it did not contain any provisions that were unfair or contrary to public policy. The Commission also found that the agreement provided adequate protection for employees' rights and entitlements, and that it was in the best interests of the employees and the employer. Accordingly, the Fair Work Commission approved the Hamar NSW Pty Limited Enterprise Agreement 2017, and registered it with the Commission.

Hamar NSW Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established