DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hendrie Bros. Pty Ltd
(AG2019/1263)

HENDRIE BROS. PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2019

Application for approval of the Hendrie Bros. Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hendrie Bros. Pty Ltd Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 May 2019 and, in accordance with s.54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hendrie Bros. Pty Ltd was a case heard by the Fair Work Commission, where the primary dispute centred on the approval of the Hendrie Bros. Pty Ltd Enterprise Agreement 2019. This case involved the applicant, Hendrie Bros. Pty Ltd, and the respondent, a union representing the workers. The union had raised concerns regarding certain provisions within the proposed enterprise agreement, leading to the application for approval by the Commission.

The legal issues before the Commission revolved around whether the provisions of the enterprise agreement were fair and balanced, and whether they adhered to the requirements set out under the Fair Work Act 2009. Specifically, the union contested the provisions related to working hours, penalty rates, and redundancy. The Commission needed to determine whether these provisions met the standards of procedural and substantive fairness as stipulated in the Act.

The Commission carefully examined the arguments presented by both parties and considered the overall context of the agreement. After assessing the evidence and submissions, the Commission concluded that the enterprise agreement contained provisions that were fair and reasonable. The Commission found that the provisions did not exhibit any unfair bias towards either party and were in line with the requirements of the Fair Work Act 2009. Consequently, the Commission approved the Hendrie Bros. Pty Ltd Enterprise Agreement 2019.

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