DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hercules Carparking Systems (Victoria) P/L
(AG2017/918)

HERCULES CARPARKING SYSTEMS (VICTORIA) PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 APRIL 2017

Application for approval of the Hercules Carparking Systems (Victoria) Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hercules Carparking Systems (Victoria) Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hercules Carparking Systems (Victoria) P/L. 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hercules Carparking Systems (Victoria) Pty Ltd sought approval of their enterprise agreement from the Fair Work Commission. The parties involved in the dispute were Hercules Carparking Systems (Victoria) Pty Ltd, the Employers Trade Union (ETU), the Australian Manufacturing Workers' Union (AMWU), and the Construction and Service Employees Enterprise Association (CSEEA). The central issue before the court was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement satisfied the mandatory minimum terms and conditions and whether it was fair and reasonable.

The court first examined the minimum terms and conditions outlined in the Fair Work Act 2009. It found that the agreement met all the mandatory requirements, including provisions for minimum wages, maximum weekly hours, and entitlements such as leave and overtime. The court also considered whether the agreement was fair and reasonable, taking into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. The court found that the agreement reflected the realities of the industry and was a product of good faith negotiations between the parties. Furthermore, the court was satisfied that the agreement was fair and reasonable, as it provided a balanced set of rights and obligations for both employers and employees.

Based on its findings, the court approved the enterprise agreement, confirming that it complied with the statutory requirements and was fair and reasonable. The court's decision provided certainty for the parties and ensured that the agreement would be enforceable. The court emphasised the importance of good faith bargaining and the need for enterprise agreements to reflect the realities of the industry in which they operate. The approval of the agreement was a significant outcome for the parties involved, as it provided a framework for their future industrial relations.

Hercules Carparking Systems (Victoria) P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established