Hamar NSW Pty Limited Summary

[2014] FWCA 6339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamar NSW Pty Limited
(AG2014/7267)

HAMAR NSW PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Hamar NSW Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hamar NSW Pty Limited Enterprise Agreement 2014 the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hamar NSW Pty Limited, sought approval of the Hamar NSW Pty Limited Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose from the application process for the approval of an enterprise agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not comply with certain statutory requirements.

The central legal issues for the court were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and if the application process was conducted fairly and correctly. The court had to determine if the agreement provided for a safety net of minimum wages and conditions, and whether it allowed for genuine flexibility in the workplace, as required by the Act.

The Fair Work Commission examined the provisions of the agreement and the application process thoroughly. It found that the agreement did provide for a safety net of minimum wages and conditions and allowed for genuine flexibility. The Commission concluded that the application was made in accordance with the relevant provisions of the Act and that there was no basis to refuse approval. Consequently, the Commission approved the application and the agreement was registered.

In summary, the Fair Work Commission approved the application for the Hamar NSW Pty Limited Enterprise Agreement 2014, finding that it met all statutory requirements and was properly submitted. The agreement was registered, allowing it to take effect as a legally binding enterprise agreement between the employer and the employees covered by the agreement.

Hamar NSW Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established