DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hardline Group Pty Ltd
(AG2018/5339)

HARDLINE GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 JUNE 2019

Application for approval of the Hardline Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hardline Group Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hardline Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hardline Group Pty Ltd was the subject of an application for approval of its 2018 Enterprise Agreement. The application was made by the Australian Council of Trade Unions and the employer, Hardline Group Pty Ltd, and was heard in the Fair Work Commission. The dispute centred on whether the proposed Enterprise Agreement complied with the relevant legislative requirements and whether it met the standards for approval under the Fair Work Act 2009.

The primary legal issues the court had to resolve were whether the Enterprise Agreement was a genuine bargain, whether it contained terms that were lawful, and whether it met the criteria for being a single, integrated document. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters.

In delivering its decision, the Fair Work Commission found that the proposed Enterprise Agreement was a genuine bargain between the employer and the employees' representative. The court held that the agreement contained lawful terms and was a single, integrated document. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Consequently, the court approved the Enterprise Agreement under section 186 of the Fair Work Act 2009.

Hardline Group 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