Harris HMC Interiors Pty Ltd Summary

[2016] FWCA 2189

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harris HMC Interiors Pty Ltd

(AG2016/2558)

HARRIS HMC INTERIORS PTY LTD MAINTENANCE ENTERPRISE

AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 7 APRIL 2016

Application for approval of the Harris HMC Interiors Pty Ltd Maintenance Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Harris HMC Interiors Pty Ltd Maintenance Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Harris HMC Interiors 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, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for

approval have been met.
[2016] FWCA 2189

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 April 2016. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2189

Annexure A

CaseChat Overview and Summary

The Fair Work Commission approved the Harris HMC Interiors Pty Ltd Maintenance Enterprise Agreement 2016, which was applied for under section 185 of the Fair Work Act 2009. Harris HMC Interiors Pty Ltd, the applicant, sought the approval for the enterprise agreement, which was a single enterprise agreement. The agreement was for the building, metal and civil construction industries. The applicant had provided written undertakings that were satisfactory to the Commission, ensuring that no employee covered by the agreement would suffer financial detriment and that the agreement would not undergo substantial changes.

The legal issues before the court involved determining whether the enterprise agreement met the criteria set out in sections 186, 187, 188 and 190 of the Fair Work Act 2009. The court had to consider if the agreement complied with the relevant requirements and if the undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement. The court was also required to ensure that the agreement would not result in substantial changes. The court found that the agreement met all the necessary requirements.

The court's reasoning was that the agreement met all the criteria set out in the Fair Work Act 2009, and the written undertakings provided by the applicant were satisfactory. The court was satisfied that the agreement would not cause financial detriment to any employee and would not result in substantial changes. Therefore, the court approved the agreement and determined that it would operate from 14 April 2016, with a nominal expiry date of 6 April 2020. The court's decision was based on the applicant's compliance with the requirements of the Fair Work Act 2009.

Harris HMC Interiors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established