Herrenknecht (Australia) Pty Ltd Summary

[2022] FWCA 960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Herrenknecht (Australia) Pty Ltd

(AG2022/483)

Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 MARCH 2022

Application for approval of the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2022

Herrenknecht (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the 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.

The Agreement was approved on 21 March 2022 and, in accordance with s 54, will operate from 28 March 2022. The nominal expiry date of the Agreement is 21 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2022 was heard in the Fair Work Commission. The applicant, Herrenknecht (Australia) Pty Ltd, sought approval of an enterprise agreement that had been negotiated with relevant trade unions. The dispute centred on whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the provisions for employee protections, minimum entitlements, and procedural fairness in the negotiation process.

The legal issues before the Commission were whether the agreement had been fairly negotiated in accordance with the legislative requirements and whether the agreement provided for the minimum entitlements of employees as stipulated by the Fair Work Act. Additionally, the Commission needed to consider if the agreement met the good faith bargaining standard and if it adequately protected the rights and interests of the employees involved.

In delivering its decision, the Commission found that the agreement had been negotiated in good faith and that the parties had complied with the procedural requirements set out in the Fair Work Act. The Commission concluded that the agreement provided for the minimum entitlements of employees and was consistent with the principles of procedural fairness. The Commission also noted that the agreement contained provisions that went beyond the minimum requirements, providing additional protections and benefits to the employees. Based on these findings, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its fairness to both the employer and the employees.

Herrenknecht (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established