DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HiChem Paint Technologies
(AG2017/4610)

HICHEM INDUSTRIES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the HiChem Industries Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the HiChem Industries Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HiChem Paint Technologies. The Agreement is a single enterprise agreement.

[2] 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.

[3] United Voice 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 2 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HiChem Paint Technologies was the applicant in a proceeding before the Fair Work Commission, seeking approval of the HiChem Industries Enterprise Agreement 2017. The applicant was a company involved in the manufacture and distribution of paint products, and the dispute centred around the terms and conditions of employment for its employees, particularly those covered by the proposed enterprise agreement. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Act. Specifically, the Commission had to determine if the agreement satisfied the minimum terms and conditions set out in the Fair Work Act, and if it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, while no other party contested the application. The Commission considered various aspects of the agreement, including the terms related to wages, hours of work, and other employment conditions, to ascertain its compliance with the statutory requirements.

In its decision, the Commission noted that the proposed agreement contained provisions that were consistent with the minimum standards set out in the Fair Work Act. It found that the agreement provided for wages and conditions that were at least equal to, or better than, the relevant award or safety net provisions. The Commission also concluded that the agreement was made in good faith and without any element of coercion, as required by the Act. After carefully examining the evidence and submissions, the Commission was satisfied that the enterprise agreement met the necessary criteria for approval. Therefore, the Commission approved the HiChem Industries Enterprise Agreement 2017.

The Fair Work Commission approved the HiChem Industries Enterprise Agreement 2017, finding it to be compliant with the statutory requirements under the Fair Work Act. The Commission determined that the agreement provided for wages and conditions that met or exceeded the minimum standards and was made in good faith and without coercion. The approval of the agreement now allows the applicant to implement its terms and conditions for the employees covered by the agreement.

HiChem Paint Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established