Hewlett-Packard Australia Pty Ltd Summary

[2022] FWCA 2870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hewlett-Packard Australia Pty Ltd

(AG2022/2067)

ONE HPE ENTERPRISE AGREEMENT 2022

Technical services
COMMISSIONER P RYAN	SYDNEY, 22 AUGUST 2022

Application for approval of the One HPE Enterprise Agreement 2022

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

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Section 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 APESMA.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 22 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hewlett-Packard Australia Pty Ltd applied to the Fair Work Commission for approval of the One HPE Enterprise Agreement 2022. The applicant sought to implement this agreement to govern the employment of its employees. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine whether the One HPE Enterprise Agreement 2022 complied with the procedural and substantive requirements of the Act. This involved assessing the fairness of the agreement, its compliance with minimum entitlements, and the manner in which it was negotiated and concluded. The court considered submissions from the parties involved, including the fairness of the agreement and whether it provided for the appropriate minimum terms and conditions.

In its decision, the Fair Work Commission found that the One HPE Enterprise Agreement 2022 met the necessary statutory criteria for approval. The agreement was deemed fair, taking into account the economic and social context. It provided for minimum terms and conditions as required by the Act and was concluded through a proper negotiation process. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.

The Fair Work Commission approved the One HPE Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the agreement governs the employment of the relevant employees, subject to the terms and conditions outlined in the agreement.

Hewlett-Packard 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