Hayman Industries Pty Ltd

[2014] FWCA 8353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayman Industries Pty Ltd
(AG2014/8070)

HAYMAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Hayman Industries Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Hayman Industries Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hayman Industries Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2014. The nominal expiry date of the Agreement is 30 November 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hayman Industries Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission. The applicant's employees were members of the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by the Commission on an application for approval of the Enterprise Agreement 2014, which was tabled in Parliament in accordance with the Fair Work Act 2009. The Commission was required to decide whether the application met the criteria for approval as prescribed by the Fair Work Act. This involved assessing whether the agreement was genuinely a bargain between the parties, met the "better off overall test", and did not contain any provisions that were contrary to the public interest.

The Commission found that the agreement was genuinely a bargain between the parties, as it represented a compromise between the parties' competing interests. The agreement met the "better off overall test", as it provided for a 12.5% increase in pay over four years and improved leave entitlements, among other benefits. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest. Accordingly, the Commission approved the Enterprise Agreement 2014, which is now registered and in force.

The Fair Work Commission approved the Hayman Industries Pty Ltd Enterprise Agreement 2014. The agreement was found to be genuinely a bargain between the parties and met the "better off overall test". The Commission found that the agreement did not contain any provisions that were contrary to the public interest. The agreement is now registered and in force.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established