DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hi Tech Industrial Services Pty Ltd
(AG2015/3350)

HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 JULY 2015

Application for approval of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 July 2015 by Hi Tech Industrial Services Pty Ltd for the approval of a single-enterprise agreement known as the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hi Tech Industrial Services Pty Ltd, sought approval of the 2015 Enterprise Agreement. The respondents, Australian Manufacturing Workers' Union and others, opposed the application on the grounds that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner R.J. Bryant.

The central legal issues were whether the agreement was a "good faith" negotiation and whether it complied with the requirements of the Act. Specifically, the respondents argued that the agreement did not fairly reflect the employees' interests and did not provide for adequate dispute resolution mechanisms. The applicant contended that the agreement was the result of good faith bargaining and met all statutory requirements.

The Commission found that the agreement was indeed the product of genuine negotiations and met the criteria for approval. The Commission emphasised the importance of good faith bargaining and noted that the agreement provided for a fair and effective dispute resolution process. The Commission also found that the agreement adequately reflected the interests of the employees, including provisions for wages, hours, and other working conditions. Therefore, the application was approved.

The Fair Work Commission approved the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2015, finding that it was the product of genuine negotiations and met all statutory requirements. The Commission emphasised the importance of good faith bargaining and found that the agreement provided for a fair and effective dispute resolution process. The agreement also adequately reflected the interests of the employees, including provisions for wages, hours, and other working conditions. The Commission rejected the respondents' arguments and granted the applicant's application for approval of the agreement.

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