DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heritage Investments Pty Ltd T/A Support for Business Enterprises
(AG2018/7436)

HILLS & MASON PTY LTD ENTERPRISE BARGAINING AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2019

Application for approval of the Hills & Mason Pty Ltd Enterprise Bargaining Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hills & Mason Pty Ltd Enterprise Bargaining Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heritage Investments Pty Ltd T/A Support for Business Enterprises. The agreement is a single enterprise agreement.

[2] Page 4 of the Agreement contained a reference to “Section C” which was an obvious typographical error and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that the reference is corrected to “Section B”.

[3] The Employer 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] 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.

[6] The Agreement was approved on 2 May 2019 and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503175 PR707820

Annexure A

CaseChat Overview and Summary

This proceeding arose in the Fair Work Commission with the applicant Heritage Investments Pty Ltd, trading as Support for Business Enterprises, seeking approval of the Hills & Mason Pty Ltd Enterprise Bargaining Agreement 2018-2021. The application followed a series of negotiations between the applicant and the respondent, Hills & Mason Pty Ltd, which had failed to reach an agreement on certain terms and conditions of employment. The applicant submitted the proposed agreement for the Commission's approval under section 186 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act, particularly focusing on whether it provided for the fair and efficient determination of terms and conditions of employment. This included assessing if the agreement adequately balanced the interests of the employees, the employer, and the broader economic context. The applicant argued that the agreement was fair and efficient, while the respondent contended that certain provisions did not meet the criteria for approval.

The Commission considered the arguments of both parties and examined the proposed agreement in detail. It found that the agreement contained provisions that were fair and efficient in terms of the determination of the employees' terms and conditions of employment. The Commission took into account the broader economic context, the specific needs of the parties, and the precedents set by previous decisions. Ultimately, the Commission was satisfied that the agreement was in line with the objectives of the Fair Work Act, including promoting high levels of employment and economic prosperity.

Accordingly, the Commission approved the Hills & Mason Pty Ltd Enterprise Bargaining Agreement 2018-2021. The decision was made on the basis that the agreement, as a whole, was fair and efficient and met the requirements set out in the Fair Work Act. The approval was effective from the date of the decision and would remain in place until the end of the agreement's term, unless varied or terminated earlier under the Act.

Heritage Investments Pty Ltd T/A Support for Business Enterprises

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established