Hendon Semiconductors Pty Ltd Summary

[2014] FWCA 4863

FAIR WORK COMMISSION

DECISION

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

Hendon Semiconductors Pty Ltd
(AG2014/6684)

HENDON SEMICONDUCTORS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 JULY 2014

Application for approval of the Hendon Semiconductors Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hendon Semiconductors Pty Ltd 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 Hendon Semiconductors Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“(3) Should employees be asked to work on Saturdays or Sundays, our practice is to pay overtime rates as per award (time and a half and double time) for the additional hours worked. We will not request employees to work on public holidays.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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 29 July 2014. The nominal expiry date of the Agreement is 28 July 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of Hendon Semiconductors Pty Ltd was brought before the court. The dispute involved the company seeking approval for an enterprise agreement made in 2014. The applicant, Hendon Semiconductors, argued that the agreement was necessary for the efficient operation of their business and provided fair terms for both the company and its employees.

The central legal issues revolved around whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and the substantive fairness of the agreement. The applicant needed to demonstrate that the agreement had been fairly negotiated and that it did not adversely affect the employees' conditions. Additionally, the court had to consider whether the agreement provided for the proper balance between the rights of the employer and the rights of the employees.

The commission, in its reasoning, focused on the procedural fairness of the agreement and the substantive fairness of its provisions. It was found that the negotiation process was conducted in good faith, with adequate representation and participation from both parties. The substantive terms of the agreement were scrutinised to ensure they met the criteria of being in the best interests of the employees and did not unfairly disadvantage any party. The commission concluded that the agreement was fair and reasonable, thus meeting the statutory requirements for approval. Consequently, the application for approval of the enterprise agreement was granted.

The final order of the commission was that the Hendon Semiconductors Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now govern the employment conditions of the relevant employees, effective from the date of the commission's decision.

Hendon Semiconductors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established