DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hellmuth Trust T/A H.E.M.E. Pty Ltd
(AG2016/3872)

H.E.M.E. PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the H.E.M.E. Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the H.E.M.E. Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hellmuth Trust T/A H.E.M.E. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2016. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hellmuth Trust T/A H.E.M.E. Pty Ltd, sought approval of an enterprise agreement that was entered into with its employees. The Fair Work Commission (FWC) was the court in this matter, specifically the Full Bench of the FWC. The dispute arose when the applicant proposed an enterprise agreement that its employees would enter into, and there was a need for the FWC to assess and approve the agreement in line with the Fair Work Act 2009.

The legal issues before the court involved determining whether the proposed enterprise agreement complied with the relevant legislative provisions. Specifically, the court needed to assess if the agreement provided for the fair treatment of employees, if it allowed for genuine bargaining, and if it met the requirements for an enterprise agreement as outlined in the Fair Work Act. The applicant argued that the agreement was the product of genuine negotiations and was fair and reasonable.

The Full Bench of the FWC considered the evidence presented and concluded that the enterprise agreement was indeed the product of genuine negotiations. The court found that the agreement provided for fair treatment of the employees and met all the necessary requirements under the Fair Work Act. The court took into account the bargaining process, the content of the agreement, and the submissions made by both parties. As a result, the Full Bench approved the enterprise agreement.

The final orders of the court included the approval of the H.E.M.E. Pty Ltd Enterprise Agreement 2016. The agreement was deemed to be a valid and binding enterprise agreement between the applicant and its employees. The approval was given on the condition that the agreement was in line with the Fair Work Act and provided for the fair treatment of employees. The applicant was required to implement the terms of the agreement, and the employees were bound by the agreement's terms.

Hellmuth Trust T/A H.E.M.E. 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