DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hendrie Bros. Pty Ltd
(AG2015/6428)

HENDRIE BROS. PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Hendrie Bros. Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hendrie Bros. Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hendrie Bros. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Hendrie Bros. Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Enterprise Agreement 2015. The applicant, Hendrie Bros. Pty Ltd, sought to have this agreement recognised under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment as stipulated in the proposed agreement and whether these terms complied with the legal standards set by the Act.

The legal issues before the court required a determination of whether the proposed agreement was a "better off overall test" compliant agreement, in accordance with the requirements of the Fair Work Act. This involved assessing if the agreement provided employees with a fair and reasonable set of terms compared to the applicable awards and if it contained all the mandated minimum terms as per the Act. Additionally, the court had to ensure that the agreement was free from any unfair content and that the process of reaching the agreement was conducted in good faith.

The court's reasoning focused on the statutory requirements outlined in the Fair Work Act. It considered the evidence provided by both parties, including the bargaining process and the contents of the agreement. The court found that the agreement met the better off overall test and contained all the mandated minimum terms. Furthermore, the court was satisfied that the agreement did not include any unfair content and that the process leading to the agreement was conducted in good faith. As a result, the court approved the Hendrie Bros. Pty Ltd Enterprise Agreement 2015.

Hendrie Bros. 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