Hertel Modern Pty Ltd Summary

[2014] FWCA 2390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hertel Modern Pty Ltd
(AG2014/5137)

HERTEL MODERN FABRICATION FACILITIES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2014

Application for approval of the Hertel Modern Fabrication Facilities Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hertel Modern Fabrication Facilities Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[6] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Hertel Modern Pty Ltd, which sought approval for the Hertel Modern Fabrication Facilities Enterprise Agreement 2013. The primary dispute centred around the procedural fairness of the bargaining process and the validity of the agreement itself. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with procedural requirements, and whether it met the criteria for approval as outlined in the Fair Work Act 2009. The applicant argued that the agreement was the product of good faith negotiations and met all legislative requirements. However, the Commission had to examine the evidence and submissions to ascertain the validity and fairness of the bargaining process.

The Fair Work Commission found that the agreement was indeed the result of genuine negotiations and that there was no evidence of procedural unfairness. The Commission further determined that the agreement complied with all statutory requirements, including provisions for employee representation and the substantive benefits for employees. As a result, the Commission approved the Hertel Modern Fabrication Facilities Enterprise Agreement 2013, recognising it as a fair and reasonable agreement for the employees involved.

Hertel Modern Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established