Henry Haymes Pty Ltd

[2013] FWCA 7610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henry Haymes Pty Ltd
(AG2013/10614)

HENRY HAYMES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Henry Haymes Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Henry Haymes Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Henry Haymes Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 October 2013. The nominal expiry date of the Agreement is 8 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (FWC) recently considered an application for the approval of the Henry Haymes Enterprise Agreement 2013, involving Henry Haymes Pty Ltd and a group of its employees represented by the Construction, Forestry, Mining and Energy Union (CFMEU). The applicants sought to have the enterprise agreement, which had been negotiated and agreed upon by the parties, approved by the FWC under the Fair Work Act 2009. The primary dispute arose from the procedural fairness of the FWC's handling of the application and the adequacy of the agreement in meeting the statutory requirements.

The legal issues before the FWC centred on whether the application process was conducted in a manner that was procedurally fair and whether the agreement met the statutory criteria for approval, including the requirement for "no unacceptable detriment" to employees. The CFMEU argued that the FWC had not adequately considered their submissions and that the agreement did not sufficiently protect employees' interests. Henry Haymes Pty Ltd maintained that the agreement was fair and that the process was conducted correctly.

In its decision, the FWC addressed the concerns regarding procedural fairness by examining the evidence and submissions presented. The FWC concluded that the process was conducted in a manner that was procedurally fair, as it had considered all relevant submissions and evidence. Regarding the agreement's adequacy, the FWC found that the agreement met the statutory requirements, including the "no unacceptable detriment" test. The FWC was satisfied that the agreement provided fair terms and conditions for employees and did not result in any unacceptable detriment.

The FWC approved the Henry Haymes Enterprise Agreement 2013, affirming its compliance with the statutory requirements. The FWC's decision was based on a thorough review of the application process and the contents of the agreement, ensuring that it met the necessary criteria for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established