DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heany Pty Ltd
(AG2016/2596)

HEANY PTY LTD ENTERPRISE AGREEMENT 2016-2020

Storage services
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2016

Application for approval of the Heany Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Heany Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heany 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2016. The nominal expiry date of the Agreement is 13 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Heany Pty Ltd, sought approval for the Enterprise Agreement 2016-2020 under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the "better off overall test" (BOOT) as required by section 232 of the Act. The dispute was heard by the Fair Work Commission (FWC) and subsequently appealed to the Federal Court of Australia.

The key legal issue before the court was whether the FWC correctly applied the BOOT in its assessment of the enterprise agreement. The CFMEU contended that the FWC erred in its interpretation and application of the BOOT, particularly in relation to the consideration of financial benefits and the overall comparison of the terms of the agreement against the relevant comparison agreement. The applicant, Heany Pty Ltd, argued that the FWC's decision was sound and that the agreement did indeed meet the BOOT.

In determining the matter, the court examined the FWC's reasoning and the evidence presented. The court found that the FWC had correctly applied the relevant legal principles and had properly considered the financial and non-financial benefits of the agreement. The court upheld the FWC's decision that the agreement met the BOOT, noting that the FWC had made detailed findings regarding the comparison of the terms of the agreement against the relevant comparison agreement and had adequately weighed the financial and non-financial factors. The appeal was dismissed, and the enterprise agreement was approved.

The court's decision resulted in the final orders affirming the FWC's determination that the Heany Pty Ltd Enterprise Agreement 2016-2020 met the better off overall test and was therefore approved under the Fair Work Act 2009. The agreement was registered, and the appeal was dismissed with costs.

Heany 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