DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henry Haymes Pty Ltd T/A Henry Haymes
(AG2016/6682)

HENRY HAYMES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Henry Haymes Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Henry Haymes Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Henry Haymes Pty Ltd T/A Henry Haymes. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 8 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Henry Haymes Pty Ltd trading as Henry Haymes, sought the Fair Work Commission’s approval of an enterprise agreement made under the Fair Work Act 2009. The enterprise agreement in question related to a group of employees who were to be covered by the agreement. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Act.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if the agreement had been made fairly and in good faith, if it had been properly negotiated, and if it contained the mandated minimum terms and conditions of employment.

In determining these issues, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement had been made fairly and in good faith, and that it contained the mandated minimum terms and conditions. The Commission also found that the agreement had been properly negotiated, with appropriate representation of the parties involved. Given these findings, the Commission concluded that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the Henry Haymes Enterprise Agreement 2016, noting that it contained all the mandated minimum terms and conditions, had been made fairly and in good faith, and had been properly negotiated. The Commission's decision provides guidance to employers and employees on the process for negotiating and approving enterprise agreements under the Fair Work Act.

Henry Haymes Pty Ltd T/A Henry Haymes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established