Hector the Erector (Aust) Pty Ltd T/A Hector the Erector Summary

[2014] FWCA 4619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hector the Erector (Aust) Pty Ltd T/A Hector the Erector
(AG2014/1390)

HECTOR THE ERECTOR ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2014

Application for approval of the Hector the Erector Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hector the Erector 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 Hector the Erector Pty Ltd trading as Hector the Erector (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 26 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 36 months from that date.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Hector the Erector Enterprise Agreement 2014. The application was brought before the Fair Work Commission by the Australian Building and Construction Commission on behalf of Hector the Erector (Aust) Pty Ltd. The agreement in question pertained to the terms and conditions of employment for the workers within the construction industry. The primary issue before the Commission was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interest of the employees.

The Commission considered several aspects of the agreement, including the provisions on pay rates, penalty rates, hours of work, and conditions of employment. The key legal issue was whether the proposed agreement was fair and reasonable, and if it provided adequate protections and benefits to the employees. The Commission also needed to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it facilitated the improvement of workplace relations and if it was made in good faith.

In its decision, the Fair Work Commission found that the Hector the Erector Enterprise Agreement 2014 was fair and reasonable. The Commission concluded that the agreement provided adequate protections and benefits to the employees and facilitated the improvement of workplace relations. The Commission also found that the agreement was made in good faith and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the agreement, and it came into effect on the date of the decision.

As a result of the approval, the Hector the Erector Enterprise Agreement 2014 now governs the employment terms and conditions for the workers within the construction industry for Hector the Erector (Aust) Pty Ltd. This decision sets a precedent for similar agreements in the industry and ensures that the rights and interests of employees are protected under the Fair Work Act.

Hector the Erector (Aust) Pty Ltd T/A Hector the Erector

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established