HiChem Paint Technologies

[2014] FWCA 4046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HiChem Paint Technologies
(AG2014/6345)

HICHEM INDUSTRIES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 JUNE 2014

Application for approval of the HiChem Industries Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HiChem Industries Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by HiChem Paint Technologies. The agreement is a single-enterprise agreement.

[2] The consultation term in the Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. As such I gave the employer the opportunity of addressing this deficiency through an undertaking. The employer provided an undertaking that clause 27 be replaced with the model consultation clause. As such the model

consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.

[3] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix B.

[4] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 25 June 2014. The nominal expiry date of the Agreement is 2 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

HiChem Paint Technologies was a party to an enterprise agreement, which was subject to an application for approval by the Fair Work Commission. The dispute involved whether the agreement met the necessary legal criteria for approval, particularly focusing on procedural fairness and compliance with the Fair Work Act. The Fair Work Commission was the body tasked with adjudicating on the application.

The key legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with statutory requirements. Specifically, the Commission needed to determine if the application process was fair and if the agreement adhered to the provisions of the Fair Work Act. This included an examination of whether the process of negotiation and the contents of the agreement were in line with the legislative framework.

The Commission concluded that the application process had been fair and that the agreement complied with the statutory requirements. It was found that the agreement was genuinely negotiated and met all necessary criteria. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission were to approve the HiChem Industries Enterprise Agreement 2014, confirming its validity and enforceability under the Fair Work Act. The decision provided clarity on the procedural and substantive requirements for enterprise agreements and reinforced the importance of genuine negotiation and compliance with legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established