DECISION

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

Hastings Deering (Australia) Ltd T/A Hastings Deering
(AG2016/628)

HASTINGS DEERING (AUSTRALIA) LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 6 JUNE 2016

Application for approval of the Hastings Deering (Australia) Limited Enterprise Agreement 2016.

[1] Hastings Deering (Australia) Ltd T/A Hastings Deering applies for approval of an enterprise agreement known as the Hastings Deering (Australia) Limited Enterprise Agreement 2016 (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it seeks to be covered by the Agreement.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement properly notified the Fair Work Commission (the Commission) that it did not support the approval of the Agreement by the Commission. Relevant submissions and evidence was put before the Commission.

[4] Despite opposing the application for approval of the Agreement, the CFMEU notified the Commission that it wants to be covered by the Agreement [if approved].

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] 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.

[7] The Agreement is approved, in accordance with s.54 of the Act, and will operate from 13 June 2016. The nominal expiry date of the Agreement is 13 June 2018.

[8] I will provide my reasons for this decision separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hastings Deering (Australia) Limited, trading as Hastings Deering, applied to the Fair Work Commission for approval of the Hastings Deering (Australia) Limited Enterprise Agreement 2016. The application arose from negotiations between the employer and the Australian Manufacturing Workers’ Union, which had resulted in a proposed enterprise agreement. The nature of the dispute involved the terms and conditions of employment for workers within the enterprise, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for minimum terms and conditions, whether it complied with the good faith bargaining obligations, and whether it was made in a manner that was procedurally fair. The Commission also needed to assess whether the agreement was in the best interests of the employees and whether it addressed the economic, educational, and social needs of the workforce.

In reaching its decision, the Commission carefully reviewed the proposed agreement and the process by which it was negotiated. The Commission found that the agreement provided for the minimum terms and conditions required by the Act and that the negotiation process had been conducted in good faith. The Commission also determined that the agreement was procedurally fair and in the best interests of the employees. Given these findings, the Commission approved the application for the enterprise agreement, recognising it as a fair and reasonable outcome for both the employer and the employees. The decision underscores the importance of fair and effective bargaining processes in the context of enterprise agreements.

Hastings Deering (Australia) Ltd T/A Hastings Deering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established