Herrenknecht (Australia) Pty Ltd

[2017] FWCA 6661

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Herrenknecht (Australia) Pty Ltd

(AG2017/3661)

Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Herrenknecht (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Herrenknecht (Australia) Pty Ltd was the subject of an application for approval of the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2017 before the Fair Work Commission. The application was brought by the company, and the dispute involved whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The central legal issues were whether the agreement provided for the fair and efficient resolution of disputes between the parties, and whether it contained provisions that would ensure the continued operation of the business.

The Commission considered the provisions of the agreement that related to dispute resolution and the requirements of the Act. It was noted that the agreement included provisions for conciliation and mediation before any escalation to formal proceedings. The Commission also examined whether the agreement contained adequate mechanisms to ensure the business could continue operating during any industrial action. The Commission found that the agreement provided for fair and efficient dispute resolution processes, and that the provisions for maintaining business operations during disputes were sufficient. These findings were critical in determining that the agreement complied with the statutory requirements for approval.

As a result of the findings, the Commission approved the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2017. The decision underscored the importance of having clear and effective dispute resolution mechanisms within enterprise agreements, and highlighted the need for such agreements to provide for the continuity of business operations during disputes. The approval of this agreement sets a precedent for similar enterprise agreements in the industry, ensuring that they meet the statutory standards for fairness and efficiency in dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established