DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hay Point Services Pty Ltd
(AG2017/1198)

HAY POINT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Coal export terminals
COMMISSIONER ROE	SYDNEY, 29 MAY 2017

Application for approval of the Hay Point Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hay Point Services Pty Ltd Enterprise 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 Hay Point Services 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Construction, Forestry, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hay Point Services Pty Ltd, sought approval of the Enterprise Agreement 2017. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on the grounds that it did not meet the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. The legal issues before the Commission were whether the agreement complied with the statutory criteria for approval and whether there were any procedural defects that would render the agreement invalid.

The Commission examined the agreement to determine if it met the criteria set out in the Fair Work Act. This included assessing whether the agreement provided for the resolution of genuine disputes, covered the employees and employers involved, and adhered to the relevant award provisions. The Commission also considered whether the agreement was made in good faith and whether there was proper consultation between the parties. After a thorough review, the Commission found that the agreement was compliant with the Act and did not contain any procedural defects.

Consequently, the Fair Work Commission approved the Hay Point Services Pty Ltd Enterprise Agreement 2017. The decision was based on the conclusion that the agreement met all the statutory requirements and was made in good faith with proper consultation. The Commission's approval of the agreement signifies that it will now serve as the governing document for the terms and conditions of employment between the parties involved.

Hay Point Services 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