Hastings Deering (Australia) Limited Summary

[2024] FWCA 2452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hastings Deering (Australia) Limited

(AG2024/2235)

HASTINGS DEERING (AUSTRALIA) LIMITED ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 JULY 2024

Application for approval of the Hastings Deering (Australia) Limited Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Hastings Deering (Australia) Limited Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Hastings Deering (Australia) Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 28 September 2023 and the Agreement was made on 12 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Mining and Energy Union (MEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 2 July 2024. Clause 1.5(a) of the Agreement states that it will commence on 13 September 2024. In accordance with s.54 of the Act and clause 1.5(a) of the Agreement, the Agreement will operate from 13 September 2024. The nominal expiry date of the Agreement is 13 September 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hastings Deering (Australia) Limited, sought approval of the Enterprise Agreement 2024. The applicant, a company in the marine and energy sector, was in dispute with the Maritime Union of Australia over the terms and conditions of employment for its employees. The primary contention was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the Enterprise Agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission examined whether the agreement was made in accordance with the relevant provisions, including whether genuine agreements had been made. Substantively, the Commission needed to assess whether the terms of the agreement were fair and reasonable, considering factors such as pay rates, working conditions, and employee protections.

The Commission found that the agreement had been made following proper procedures, with evidence of genuine agreement between the parties. In terms of the substantive fairness, the Commission considered various factors including economic and workforce context, comparative analysis with other agreements, and the views of the parties. The Commission concluded that the agreement was fair and reasonable, meeting the necessary criteria under the Act. Consequently, the Commission approved the Enterprise Agreement 2024, subject to the conditions outlined in the decision.

The Commission's final orders included the approval of the Enterprise Agreement 2024, effective from the date specified in the agreement. The decision also included provisions for the agreement to be registered and enforceable under the Fair Work Act 2009. The parties were directed to comply with the terms of the agreement, and the Commission reserved the right to review the agreement in the future if any changes or disputes arose.

Hastings Deering (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established