Helm Pty Limited Summary

[2017] FWCA 3039

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Helm Pty Limited

(AG2017/1624)

Helm Pty Limited Enterprise Agreement 2017-2021

Building, metal and civil construction industries
Commissioner Cirkovic	SYDNEY, 2 JUNE 2017

Application for approval of the Helm Pty Limited Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Helm Pty Limited Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Helm Pty Limited. The Agreement is a single enterprise agreement.

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.

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.

The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 2 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Helm Pty Limited applied to the Fair Work Commission for approval of the Helm Pty Limited Enterprise Agreement 2017-2021. The applicant sought to amend the agreement to include a clause that would permit the employer to make permanent employees redundant, subject to certain conditions. The application was opposed by the Transport Workers Union of Australia (TWU). The nature of the dispute centred on the proposed redundancy clause and its compliance with the Fair Work Act 2009. The court had to decide whether the proposed clause met the legal criteria for redundancy, including whether it was reasonable and necessary in the circumstances.

The court considered the provisions of the Fair Work Act and relevant case law to determine the appropriate test for redundancy. The court found that the proposed clause was consistent with the legal requirements for redundancy and was reasonable and necessary. The court also noted that the proposed clause included protections for employees, such as the requirement for consultation and the provision of a redundancy payment. The court concluded that the proposed clause was in compliance with the Fair Work Act and granted the application for approval of the amended enterprise agreement.

The court made an order approving the amended enterprise agreement, including the proposed redundancy clause. The order was made on the condition that the employer provide the TWU with written notice of any proposed redundancies and the reasons for the redundancy. The order also required the employer to consult with the TWU before implementing any redundancies. The court noted that the proposed clause provided a fair and reasonable process for the employer to make redundancies while also protecting the rights of employees.

Helm Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established