DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hi Tech Industrial Services Pty Ltd
(AG2020/2209)

HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2020

Application for approval of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2020 (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.

[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 8 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hi Tech Industrial Services Pty Ltd, the applicant, sought approval of the Enterprise Agreement 2020. The respondent, the Building, Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on several grounds. The crux of the dispute involved various clauses within the agreement, particularly those relating to wages, conditions of employment, and procedural matters.

The primary legal issues for the Commission to determine were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and if it met the "better off overall test" (BOOT). The Commission needed to assess if the agreement provided employees with outcomes that were no worse than, and preferably better than, what they would receive under the applicable awards or conditions. Additionally, the Commission considered the procedural fairness in the negotiation and formation of the agreement.

In its decision, the Commission held that while most provisions of the agreement were in line with the statutory requirements, certain clauses did not meet the BOOT. The Commission found that some wage increases and procedural provisions did not sufficiently benefit the employees. Consequently, the Commission made amendments to these clauses to ensure compliance with the BOOT. Having made these adjustments, the Commission approved the agreement with the modified provisions.

The final order of the Commission was that the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2020 be approved with the aforementioned amendments. The agreement would now provide for fair and reasonable terms of employment, ensuring compliance with the Fair Work Act and the better off overall test.

Hi Tech Industrial Services 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