Hi Tech Industrial Services Pty Ltd

[2023] FWCA 2575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hi Tech Industrial Services Pty Ltd

(AG2023/2658)

APPLICATION FOR APPROVAL OF THE HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 AUGUST 2023

Application for approval of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hi Tech Industrial Services Pty Ltd. The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hi Tech Industrial Services Pty Ltd sought approval for their 2023 Enterprise Agreement. The applicant, an employer, and the respondents, which included various unions representing the employees, contested certain provisions of the agreement. The dispute centred on the fairness and compliance of the agreement under the Fair Work Act 2009. The central legal issues were whether the agreement met the necessary standards for approval, including provisions regarding pay rates, conditions, and the process for resolving disputes. The Commission had to consider if the agreement provided for fair and reasonable terms and if it complied with the statutory requirements.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. The applicant argued that the agreement was fair and reasonable, reflecting a genuine effort to negotiate in good faith. The respondents, however, raised concerns about certain clauses, particularly those relating to pay rates and conditions. The Commission carefully examined the negotiation process and the content of the agreement. It found that while the majority of the agreement was fair and reasonable, certain provisions needed to be amended to ensure compliance with the Act. The Commission's reasoning was based on its interpretation of the statutory requirements and the need to balance the interests of both employers and employees.

Following its assessment, the Fair Work Commission approved the agreement with some amendments. The amendments were primarily aimed at ensuring compliance with the statutory requirements and addressing the concerns raised by the respondents. The Commission concluded that the overall agreement was fair and reasonable, reflecting a genuine effort to negotiate in good faith. The decision highlighted the importance of balancing the interests of both parties while ensuring compliance with the law. The final orders included the approval of the agreement with the specified amendments, ensuring that it met the necessary standards for fairness and reasonableness under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established