DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hertel Modern Pty Ltd
(AG2016/3506)

HERTEL MODERN PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Hertel Modern Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hertel Modern Pty Ltd 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 Hertel Modern Pty Ltd. 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 Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 22 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hertel Modern Pty Ltd, applied for approval of the Hertel Modern Pty Ltd Enterprise Agreement 2016. The applicant sought a determination of the Fair Work Commission's (FWC) approval under section 231 of the Fair Work Act 2009 (Cth). The applicant was the employer, and the respondents were employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute arose from the negotiation and subsequent application for approval of the Enterprise Agreement (EA), which aimed to regulate terms and conditions of employment between the parties.

The legal issues before the FWC were whether the EA complied with the statutory requirements of the Fair Work Act 2009 (Cth), and whether it was fairly and genuinely negotiated. Key considerations included the process of negotiation, the content of the agreement, and whether it provided for genuine and fair terms and conditions of employment. The FWC examined whether the EA met the criteria for approval, including provisions related to minimum entitlements, pay rates, working conditions, and procedural fairness in the negotiation process.

The FWC determined that the EA was fairly and genuinely negotiated and met the statutory requirements for approval. The Commission was satisfied with the evidence presented, which demonstrated that the negotiation process was robust and transparent, with both parties engaging in good faith. The EA contained provisions that addressed the minimum entitlements of employees, provided adequate pay rates, and regulated working conditions in a manner consistent with the Act. Given these findings, the FWC approved the EA under section 231 of the Fair Work Act 2009 (Cth).

The FWC made an order approving the Hertel Modern Pty Ltd Enterprise Agreement 2016. The EA was to be registered by the FWC and would come into effect from the date of the order. The approval was subject to the terms and conditions outlined in the EA, which would regulate the employment relationship between the applicant and the respondents.

Hertel Modern Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established