DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harrison Manufacturing Company Pty Limited
(AG2017/994)

HARRISON MANUFACTURING ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

Application for approval of the Harrison Manufacturing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Harrison Manufacturing Enterprise Agreement 2017 (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] 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Harrison Manufacturing Company Pty Limited applied for the approval of the Harrison Manufacturing Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment as set out in the proposed agreement, specifically addressing issues such as wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it was "in the interests of the national system". Furthermore, the Commission had to assess whether the agreement was made in good faith and whether it provided for appropriate mechanisms for resolving disputes.

In examining the application, the Commission considered the submissions from both parties, the evidence provided, and the broader context of the industrial relations framework. The Commission found that the proposed agreement met the statutory requirements and was in the interests of the national system. It was concluded that the agreement provided a fair and reasonable outcome for employees and was made in good faith. Therefore, the Commission approved the Harrison Manufacturing Enterprise Agreement 2017.

The Fair Work Commission approved the Harrison Manufacturing Enterprise Agreement 2017, subject to the conditions and limitations set out in the order.

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