Hawker Siddeley Switchgear Pty Ltd Summary

[2014] FWCA 4638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawker Siddeley Switchgear Pty Ltd
(AG2014/6026)

HAWKER SIDDELEY SWITCHGEAR PTY LTD (NARANGBA) EMPLOYEE COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 JULY 2014

Application for approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 July 2014. The nominal expiry date of the Agreement is 14 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawker Siddeley Switchgear Pty Ltd, sought approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2014 under the Fair Work Act 2009. The applicant sought the approval of the agreement as a "greenfield agreement" under section 235 of the Fair Work Act, which allows for the approval of a new enterprise agreement in the absence of an existing agreement or where an existing agreement has expired. The dispute arose because the Fair Work Commission did not approve the agreement and instead referred the matter to the Federal Court for determination.

The primary legal issue before the court was whether the proposed collective agreement met the requirements of the Fair Work Act to be approved as a greenfield agreement. The court had to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act. The court also had to determine whether the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

The court found that the proposed collective agreement did not meet the requirements of the Fair Work Act to be approved as a greenfield agreement. The court held that the agreement did not provide for a fair and reasonable balance between the interests of the employees and the employer. The court found that the proposed agreement did not provide adequate protections for employees in relation to their entitlements and did not provide sufficient mechanisms for resolving disputes. The court also found that the agreement did not adequately protect the rights of employees in relation to their working conditions and did not provide for adequate consultation between the employer and employees.

The court declined to approve the proposed collective agreement and ordered that the application be dismissed. The court found that the agreement did not provide a fair and reasonable balance between the interests of the employees and the employer and did not meet the requirements of the Fair Work Act. The court ordered that the application for approval of the agreement be dismissed and that the matter be remitted to the Fair Work Commission for further consideration.

Hawker Siddeley Switchgear Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established