Hawker Siddeley Switchgear Pty Ltd Summary

[2013] FWCA 3412

FAIR WORK COMMISSION

DECISION

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

Hawker Siddeley Switchgear Pty Ltd
(AG2013/6283)

HAWKER SIDDELEY SWITCHGEAR PTY LTD (NARANGBA) EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2013 (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] 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the agreement is 30 May 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hawker Siddeley Switchgear Pty Ltd sought approval of the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2013. The dispute centred around the terms and conditions of employment for the workers represented by the Australian Manufacturing Workers Union. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay, reasonable weekly hours of work, and adequate provisions for leave and other entitlements. Furthermore, the Commission had to assess if the agreement contained any terms that unfairly disadvantaged employees or contravened any provisions of the Fair Work Act.

The Fair Work Commission found that the agreement met the statutory minimum standards and was fair and reasonable. The Commission noted that the agreement provided for minimum rates of pay, reasonable weekly hours of work, and adequate provisions for leave and other entitlements. The Commission also found that the agreement did not contain any terms that unfairly disadvantaged employees or contravened any provisions of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Hawker Siddeley Switchgear Pty Ltd (Narangba) Employee Collective Agreement 2013, determining that it met the necessary standards and requirements set out in the Fair Work Act 2009. The Commission found that the agreement provided for minimum rates of pay, reasonable weekly hours of work, and adequate provisions for leave and other entitlements, without any unfair disadvantage to employees or contravention of the Act.

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