Hardchrome Engineering Services Pty Ltd Summary

[2024] FWCA 2212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hardchrome Engineering Services Pty Ltd

(AG2024/1990)

HARDCHROME ENGINEERING SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 14 JUNE 2024

Application for approval of the Hardchrome Engineering Services Pty Ltd Enterprise Agreement 2023.

Hardchrome Engineering Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hardchrome Engineering Services Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 7 July 2023 and the Agreement was made on 28 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 14 June 2024 and, in accordance with s.54 of the FW Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hardchrome Engineering Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the company and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved.

The legal issues before the Commission were whether the agreement contained the mandatory terms prescribed by section 234 of the Act, whether it was made in good faith and whether it provided for a procedure for the resolution of disputes. The company argued that the agreement was negotiated in good faith and contained all the mandatory terms. The union supported the application, but raised concerns about some of the terms.

The Commission found that the agreement did contain all the mandatory terms and was made in good faith. The Commission noted that there were some areas of the agreement which could be improved, but did not consider these to be significant enough to refuse approval. The Commission was satisfied that the agreement provided for an effective procedure for the resolution of disputes. The application was approved, and the Hardchrome Engineering Services Pty Ltd Enterprise Agreement 2023 was registered.

Hardchrome Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established