DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Siddeley Switchgear Pty Ltd
(AG2017/1304)

HAWKER SIDDELEY SWITCHGEAR PTY LTD (NARANGBA) EMPLOYEE COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JUNE 2017

Application for approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective 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 Hawker Siddeley Switchgear Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 Agreement was approved on 9 June 2017 and, in accordance with s.54, will operate from 16 June 2017. The nominal expiry date of the Agreement is 13 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hawker Siddeley Switchgear Pty Ltd applied to the Fair Work Commission for approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2017. The application was opposed by the Electrical Trades Union of Australia. The dispute involved the terms and conditions of employment for employees at Hawker Siddeley Switchgear Pty Ltd's Narangba facility. The primary legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for genuine agreement and the absence of prohibited content.

The commission examined the evidence provided by both parties, focusing on whether the agreement had been genuinely negotiated and whether it contained any terms that were prohibited by law. The commission considered the process by which the agreement was developed and whether it was free from any undue influence or coercion. Additionally, the commission assessed whether the agreement included any terms that were contrary to public policy or otherwise prohibited. After careful consideration of the evidence and arguments presented, the commission determined that the proposed agreement met the necessary criteria for approval.

The commission found that the agreement had been genuinely negotiated between the employer and the union, and that it did not contain any prohibited content. The commission emphasised the importance of ensuring that employees' rights were protected and that the agreement facilitated a fair and productive workplace. Consequently, the commission approved the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2017, effective from the date of the decision. The approval allowed the agreement to be registered and enforceable under the Fair Work Act 2009, providing a legally binding framework for the terms and conditions of employment at the Narangba facility.

Hawker Siddeley Switchgear Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established