DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harmer Hire Pty Limited
(AG2018/4712)

HARMER HIRE PTY LIMITED ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Harmer Hire Pty Limited Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Harmer Hire Pty Limited Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harmer Hire Pty Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Harmer Hire Pty Limited, an applicant, sought approval of an enterprise agreement entered into with its employees. The application was heard in the Fair Work Commission. The dispute involved the terms and conditions of employment, including wages, hours of work, and other provisions as stipulated in the proposed agreement.

The central legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and if it was made in good faith and without coercion. The Commission needed to assess if the agreement met the standards for a fair and reasonable working environment as mandated by the Fair Work Act 2009. Additionally, it was crucial to determine whether the agreement had been negotiated genuinely and if it provided for the proper classification and remuneration of employees.

The Fair Work Commission found that the agreement was made in good faith and without any form of coercion. It concluded that the terms of the agreement were fair and reasonable, considering the economic conditions and the bargaining power of the parties. The Commission also determined that the agreement met all statutory requirements and provided for proper classification and remuneration of employees. Consequently, the Commission approved the Harmer Hire Pty Limited Enterprise Agreement 2018 - 2022.

Harmer Hire Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established