DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamar NSW Pty Limited T/A HAMAR NSW Pty Ltd
(AG2020/2367)

HAMAR NSW PTY LIMITED ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Hamar NSW Pty Limited Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hamar NSW Pty Limited Enterprise Agreement 2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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 was approved on 1 September 2020 and, in accordance with s.54, will operate from 8 September 2020. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hamar NSW Pty Limited T/A HAMAR NSW Pty Ltd applied for the approval of their Enterprise Agreement 2020. The applicant, Hamar NSW, is an employer that engages workers under a modern award and the Fair Work Act 2009. The enterprise agreement sought to alter certain terms and conditions of employment for its employees, including changes to wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement complied with the procedural requirements for its negotiation and if it passed the "better off overall test" as mandated by the legislation. This test ensures that employees are not disadvantaged by the agreement compared to their existing award or agreement terms.

The Commission carefully examined the evidence presented regarding the negotiation process and the impact of the proposed changes on employees. It assessed the fairness and reasonableness of the agreement's terms, ensuring that the changes were in line with the legislative requirements. After thorough consideration, the Commission found that the negotiation process was appropriate and that the proposed terms did not place employees at a disadvantage compared to their current conditions. Therefore, the Commission approved the enterprise agreement, highlighting its compliance with the statutory requirements.

Consequently, the Fair Work Commission granted approval for the Hamar NSW Pty Limited Enterprise Agreement 2020, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved.

Hamar NSW Pty Limited T/A HAMAR NSW 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