DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hertel RRW Pty Ltd
(AG2017/5194)

HERTEL RRW PTY LTD WORKSHOP & GENERAL MAINTENANCE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2018

Application for approval of the Hertel RRW Pty Ltd Workshop & General Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hertel RRW Pty Ltd Workshop & General Maintenance 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 Hertel RRW Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 28 March 2018 and, in accordance with s.54, will operate from 4 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hertel RRW Pty Ltd, an applicant, sought approval of an enterprise agreement from the Fair Work Commission, which was contested by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions outlined in the Hertel RRW Pty Ltd Workshop & General Maintenance Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the protection of employees' rights and interests, and whether it was made in good faith and without coercion. The Commission had to assess the fairness of the agreement's provisions, particularly in relation to the classification of employees, their entitlements, and the dispute resolution mechanisms. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not adequately protect the employees' interests.

The Commission found that the agreement contained provisions that were not entirely consistent with the principles of fairness and good faith. However, the Commission also noted that the parties had engaged in genuine bargaining, and the agreement contained some protections for employees. Ultimately, the Commission determined that the agreement met the necessary criteria for approval, albeit with some modifications to address the identified concerns. The Commission made specific orders to ensure that the agreement better reflected the principles of fairness and good faith.

The Fair Work Commission approved the enterprise agreement subject to certain modifications aimed at enhancing employee protections. These modifications included changes to the classification of employees, adjustments to entitlements, and improvements to the dispute resolution mechanisms. The Commission's decision highlighted the importance of ensuring that enterprise agreements are made in good faith and provide adequate protections for employees, while also recognising the value of genuine bargaining between employers and unions.

Hertel RRW 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