Henry Haymes Pty Ltd

[2022] FWCA 1525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Henry Haymes Pty Ltd

(AG2022/1157)

Henry Haymes Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 MAY 2022

Application for approval of the Henry Haymes Enterprise Agreement 2021

Henry Haymes Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Henry Haymes Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer 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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 6 May 2022 and, in accordance with s 54, will operate from 13 May 2022. The nominal expiry date of the Agreement is 8 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Henry Haymes Pty Ltd, the applicant, sought approval of the Henry Haymes Enterprise Agreement 2021. The applicant argued that the proposed agreement was appropriate for the workforce, taking into consideration the unique circumstances of the company. The respondent, representing the employees, contested the agreement on various grounds, including the fairness of the proposed terms and the process by which the agreement was negotiated.

The court had to determine whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it was fair and reasonable in all the circumstances. This involved assessing whether the agreement was negotiated in good faith and whether it adequately covered the essential terms of employment. The court also needed to consider whether the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the negotiation process was conducted in good faith, and the terms of the agreement were appropriate for the workforce. The Commission approved the Henry Haymes Enterprise Agreement 2021, subject to certain modifications to ensure compliance with minimum wage rates and leave entitlements. The applicant was directed to implement the approved agreement, and the respondent was granted leave to appeal the decision to the Federal Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established