DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HGT Australia Ltd T/A Novaskill
(AG2019/2705)

HGT AUSTRALIA LTD T/A NOVASKILL COLLECTIVE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 SEPTEMBER 2019

Application for approval of the HGT Australia Ltd T/A Novaskill Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the HGT Australia Ltd T/A Novaskill Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HGT Australia Ltd T/A Novaskill. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2019, not from the date of approval as stated in clause 4 of the Agreement. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, HGT Australia Ltd trading as Novaskill, sought approval for a collective agreement. The respondent, the Retail and Fast Food Workers Union of Australia, opposed the application on several grounds, including that the agreement did not comply with the Fair Work Act 2009. The Fair Work Commission heard the matter and had to determine whether the application should be approved.

The central legal issues revolved around whether the agreement met the statutory requirements set out in the Fair Work Act 2009. These included assessing if the agreement was fairly made, did not discriminate against any particular group of employees, and was consistent with the national employment standards and other applicable awards and agreements. Furthermore, the Commission had to consider whether the application process was fair and whether the agreement contained terms that were contrary to public policy.

After examining the evidence and submissions, the Commission found that the agreement was fairly made and did not contain any discriminatory terms. It was also consistent with the national employment standards and other applicable awards and agreements. The Commission noted that the application process was fair, and there were no terms in the agreement that were contrary to public policy. Consequently, the Commission approved the application and accepted the collective agreement as a registered agreement. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are regulated by the agreement rather than by the applicable awards or other agreements.

HGT Australia Ltd T/A Novaskill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established