DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hardchrome Engineering Services
(AG2021/5401)

HARDCHROME WORKSHOP COLLECTIVE BARGAINING AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 JUNE 2021

Application for approval of the Hardchrome Workshop Collective Bargaining Agreement 2021.

[1] Hardchrome Engineering Services (the Applicant) has made an application for approval of an enterprise agreement known as the Hardchrome Workshop Collective Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 June 2021.

[3] On 4 June 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hardchrome Engineering Services saw the Fair Work Commission determine the application for approval of the Hardchrome Workshop Collective Bargaining Agreement 2021. The application was made by Hardchrome Engineering Services Pty Ltd, and the respondent was the United Voice union. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections concerning the avoidance of unprotected industrial action and the protection of employees' rights. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment and whether it met the 'better off overall test'. This test ensures that employees are not worse off under the agreement compared to their previous conditions.

The Commission found that the proposed agreement did not fully comply with the requirements of the Fair Work Act, particularly in relation to the protection of employees' rights and the avoidance of unprotected industrial action. The Commission noted that the agreement did not adequately address these issues, and therefore, it could not be approved in its current form. The Commission emphasised the importance of ensuring that employees' rights are protected and that any agreement avoids unprotected industrial action. Ultimately, the Commission did not approve the agreement, highlighting the need for revisions to meet the legal requirements and protect the interests of the employees.

The Fair Work Commission did not approve the Hardchrome Workshop Collective Bargaining Agreement 2021, directing the parties to return to the negotiating table to address the deficiencies identified. The Commission's decision underscored the importance of ensuring that any collective bargaining agreement complies with the Fair Work Act and protects the rights and interests of employees.

Hardchrome Engineering Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established