DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hayman Industries Pty Ltd T/A Hayman Industries
(AG2018/1465)

HAYMAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2018

Application for approval of the Hayman Industries Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hayman Industries Pty Ltd Enterprise Agreement 2018. (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 T/A Hayman Industries. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 16 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Hayman Industries Pty Ltd, trading as Hayman Industries, brought an application before the Fair Work Commission for the approval of the Enterprise Agreement it had negotiated with its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question, the Hayman Industries Pty Ltd Enterprise Agreement 2018, was subject to scrutiny to ensure it met the necessary legal standards for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement complied with the provisions of the Act, specifically in relation to the procedural fairness, the disclosure of relevant information, and whether it provided for adequate protections for the employees involved.

The Fair Work Commission considered whether the agreement was made in accordance with the procedural fairness requirements set out in the Act. It examined whether the employer had provided sufficient information to the employees and their representatives to allow for meaningful consultation and negotiation. Additionally, the Commission assessed whether the agreement contained provisions that adequately protected the employees' rights and interests, including terms and conditions of employment that were no less favourable than the applicable award or the general industrial awards. The Commission also needed to ensure that the agreement did not discriminate against any class of employees and that it was not contrary to public policy.

Upon review, the Fair Work Commission found that the Hayman Industries Pty Ltd Enterprise Agreement 2018 met the necessary legal standards for approval. The Commission determined that the employer had provided the requisite information to the employees and their representatives, allowing for a fair and meaningful negotiation process. The agreement was found to provide adequate protections for employees, with terms and conditions that were no less favourable than the applicable awards. Furthermore, the Commission was satisfied that the agreement did not contain any discriminatory provisions and did not contravene public policy. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the Fair Work Act 2009.

In light of the Commission's findings, the Fair Work Commission approved the Hayman Industries Pty Ltd Enterprise Agreement 2018. The agreement was deemed to be in accordance with the legal standards set out in the Fair Work Act 2009, and thus, it was approved for implementation. This decision allows the employer and the employees to be governed by the terms and conditions outlined in the approved agreement, providing a framework for their industrial relationship.

Hayman Industries Pty Ltd T/A Hayman Industries

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established