DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helm Pty Limited
(AG2021/6641)

HELM PTY LIMITED ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 27 AUGUST 2021

Application for approval of the Helm Pty Limited Enterprise Agreement 2021 - 2025.

[1] Helm Pty Limited (the Employer) has applied for the approval of an enterprise agreement known as Helm Pty Limited Enterprise Agreement 2021-2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 27 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Helm Pty Limited, the Fair Work Commission was presented with an application for the approval of the Helm Pty Limited Enterprise Agreement 2021-2025. The agreement was submitted by the employer, Helm Pty Limited, and the union, United Voice, representing the employees. The primary dispute centred around the terms and conditions of employment, as outlined in the proposed agreement, and whether they met the necessary standards under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement complied with the statutory requirements under the Fair Work Act, particularly with respect to the procedural fairness, the protection of employee rights, and the adherence to minimum standards of pay and conditions. The Commission also needed to determine whether the agreement appropriately balanced the interests of the employer and employees, considering the broader economic context and the principles of enterprise bargaining.

After a thorough examination of the agreement and the submissions from both parties, the Commission concluded that the proposed enterprise agreement met the necessary requirements under the Fair Work Act. The agreement was deemed to be procedurally fair, protected the rights of employees, and provided for minimum standards of pay and conditions. The Commission found that the agreement struck an appropriate balance between the interests of the employer and the employees. Consequently, the application for approval of the Helm Pty Limited Enterprise Agreement 2021-2025 was granted.

The Commission made an order approving the enterprise agreement, effective from the date of the decision, ensuring that all terms and conditions would apply to the employees as specified in the agreement. This decision provided clarity and certainty for both the employer and employees, allowing them to proceed with the agreed terms for the duration of the agreement.

Helm Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established