HDP (Vic) Pty Ltd Summary

[2021] FWCA 7307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HDP (Vic) Pty Ltd
(AG2021/8916)

HDP (VIC) PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 24 DECEMBER 2021

Application for approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2021.

[1] HDP (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the HDP (Vic) Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] I observe that one provision of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 24 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved HDP (Vic) Pty Ltd, an employer, and its employees represented by a union. The matter pertained to the application for the approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2021. The union sought the Commission's endorsement of the agreement, which outlined various terms and conditions of employment for the employees, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The employer argued that the agreement adequately reflected the interests of both parties and was fair and reasonable.

The central legal issues before the Commission involved determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was in the public interest, free from any coercive practices, and contained only lawful content. Additionally, the Commission needed to ensure that the agreement provided for the proper protection of employees' rights and interests, and that it was not likely to undermine the safety and health of employees.

The Commission found that the HDP (Vic) Pty Ltd Enterprise Agreement 2021 satisfied all the necessary criteria for approval. The agreement was deemed to be in the public interest, as it promoted harmonious workplace relations and provided for fair terms and conditions of employment. The Commission determined that the agreement was free from any coercive practices and contained only lawful content. Furthermore, the agreement was found to adequately protect the rights and interests of employees, and it did not undermine the safety and health of employees. Therefore, the Commission approved the agreement, recognising its fairness and reasonableness.

The Fair Work Commission's decision resulted in the approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2021. The agreement, which sets out the terms and conditions of employment for the employees, was found to be fair, reasonable, and in the public interest. This decision ensures that the employees of HDP (Vic) Pty Ltd will benefit from the agreed-upon terms and conditions, while also maintaining harmonious workplace relations between the employer and the union.

HDP (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established