Harvey Mechanical Installation Pty Ltd Summary

[2013] FWCA 9160

FAIR WORK COMMISSION

DECISION

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

Harvey Mechanical Installation Pty Ltd
(AG2013/9993)

HARVEY MECHANICAL INSTALLATION PTY LTD / AMWU METAL WORKER ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NSW 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Harvey Mechanical Installation Pty Ltd / AMWU Metal Worker On-Site Construction Enterprise Agreement for NSW 2013 - 2015.

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

Harvey Mechanical Installation Pty Ltd / AMWU Metal Worker On-Site Construction Enterprise Agreement for 2013 -2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harvey Mechanical Installation Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Harvey Mechanical Installation Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) filed an application for the approval of the NSW 2013-2015 On-Site Construction Enterprise Agreement before the Fair Work Commission. The company sought to have the agreement, which outlines the terms and conditions of employment for workers in the on-site construction industry, formally recognised and enforced. The AMWU, representing the workers, supported the application, asserting that the agreement was fair and equitable.

The legal issues before the Commission centred on whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009. Key considerations included whether the agreement had been made freely and fairly without any element of coercion, and if it provided for terms and conditions of employment that were no less favourable than the applicable minimum standards. Additionally, the Commission examined whether the agreement sufficiently covered the necessary matters and if it had been genuinely negotiated between the parties.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and without coercion, and it included provisions that were at least as favourable as the minimum standards set by the relevant awards. The Commission found that the agreement was comprehensive, addressing key employment terms and conditions necessary for the industry. Consequently, the Commission approved the application, deeming the agreement to be fair and meeting all statutory requirements for endorsement.

The Fair Work Commission approved the Harvey Mechanical Installation Pty Ltd/AMWU On-Site Construction Enterprise Agreement for NSW 2013-2015, recognising it as a legally enforceable document. This decision ensures that the terms and conditions set out in the agreement are applicable to the workers within the specified period, providing a clear framework for employment in the on-site construction sector.

Harvey Mechanical Installation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established