Harsco Infrastructure (Western Australia) Pty Ltd Summary

[2013] FWCA 7588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Harsco Infrastructure (Western Australia) Pty Ltd
(AG2013/9244)

HARSCO INFRASTRUCTURE (WESTERN AUSTRALIA) PTY LTD ALL SITES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2013

Application for approval of the Harsco Infrastructure (Western Australia) Pty Ltd All Sites Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Harsco Infrastructure (Western Australia) Pty Ltd All Sites Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2013. The nominal expiry date of the Agreement is31 August 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harsco Infrastructure (Western Australia) Pty Ltd recently applied to the Fair Work Commission for the approval of its 2013 All Sites Enterprise Agreement. The matter came before the Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, Harsco Infrastructure, sought to have the agreement recognised as a registered enterprise agreement, binding both the company and its employees.

The primary legal issues before the Commission were whether the agreement was genuinely a bargain between the parties and whether it contained the mandated minimum terms and conditions of employment. The Commission had to examine the process through which the agreement was formed to ensure it was not the result of any form of undue influence or coercion. Additionally, the Commission assessed whether the agreement contained all the permissible matters, and whether it provided for minimum rates of pay and conditions as required by law.

In delivering its decision, the Commission found that the agreement was indeed a genuine enterprise agreement formed through genuine bargaining between the parties. It concluded that the agreement contained all the necessary minimum terms and conditions, and it was not affected by any procedural unfairness. The Commission also noted that the agreement was comprehensive and provided for a wide range of employment matters, ensuring it met the statutory requirements for approval.

The Fair Work Commission approved the Harsco Infrastructure (Western Australia) Pty Ltd All Sites Enterprise Agreement 2013 as a registered enterprise agreement, effective from the date of the decision. The agreement will now bind the parties and provide the framework for the employment relationship moving forward.

Harsco Infrastructure (Western Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established