DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hansen Yuncken Pty Ltd
(AG2017/3259)

THE HANSEN YUNCKEN PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of The Hansen Yuncken Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Hansen Yuncken Pty Ltd 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 Hansen Yuncken 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 September 2017 and, in accordance with s.54, will operate from 18 September 2017. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hansen Yuncken Pty Ltd, sought approval of the Enterprise Agreement 2017 from the Fair Work Commission. The respondent, United Voice, a union representing certain employees, opposed the application on the basis that the agreement did not comply with section 232 of the Fair Work Act 2009. The dispute centred on the terms of the agreement, particularly those related to penalty rates and shift allowances.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements set out in section 232 of the Fair Work Act. Section 232 mandates that an enterprise agreement must provide for terms and conditions of employment that are no less favourable than the applicable award or registered agreement. The court needed to determine if the terms of the agreement were consistent with this requirement, particularly in relation to penalty rates and shift allowances, which were the subject of contention between the parties.

The court examined the provisions of the agreement and found that they were compliant with section 232. It concluded that the terms of the agreement did not disadvantage employees in relation to penalty rates and shift allowances, as compared to the applicable award. The court was satisfied that the agreement provided for fair and reasonable terms of employment and met the statutory requirements. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement 2017 of Hansen Yuncken Pty Ltd, finding it compliant with the statutory requirements of the Fair Work Act. The court's decision affirmed the terms of the agreement, which were deemed fair and reasonable for the employees. The approval ensures that the agreement will govern the employment conditions of the employees as intended.

Hansen Yuncken 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