DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harrison Manufacturing Company Pty Limited
(AG2021/5950)

HARRISON MANUFACTURING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 JULY 2021

Application for approval of the Harrison Manufacturing Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Harrison Manufacturing Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harrison Manufacturing Company Pty Limited. The Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 3 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Harrison Manufacturing Company Pty Limited for the Fair Work Commission's approval of the Harrison Manufacturing Enterprise Agreement 2021. The applicant, Harrison Manufacturing, sought to finalise an enterprise agreement with its employees, which would govern their terms and conditions of employment. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement complied with the legal prerequisites for approval, including whether it was made in good faith, if it provided for genuine bargaining, and if it contained the minimum entitlements specified in the Act. Furthermore, the court had to consider if the agreement adequately protected the interests of employees and if it was consistent with the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the Harrison Manufacturing Enterprise Agreement 2021 complied with the necessary legal standards. The Commission concluded that the agreement was made in good faith, involved genuine bargaining, and provided for the minimum entitlements required by law. The court noted that the agreement contained provisions that were fair and reasonable, and it adequately protected the interests of the employees. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Harrison Manufacturing Enterprise Agreement 2021 be approved and registered. This decision effectively formalised the terms and conditions of employment between Harrison Manufacturing and its employees, subject to the provisions of the approved agreement.

Harrison Manufacturing Company 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