Hills Holdings Limited T/A Hills Antenna & TV Systems

[2013] FWCA 495

FAIR WORK COMMISSION

DECISION

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

Hills Holdings Limited T/A Hills Antenna & TV Systems
(AG2013/112)

HILLS HOLDINGS LIMITED (ANTENNA & TV SYSTEMS DIVISION
(MANUFACTURING) - SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JANUARY 2013

Application for approval of the Hills Holdings Limited (Antenna & TV Systems Division (Manufacturing) - South Australia) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hills Holdings Limited (Antenna & TV Systems Division (Manufacturing) - South Australia) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hills Holdings Limited T/A Hills Antenna & TV Systems. The Agreement is a single-enterprise 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, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 31 January 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hills Holdings Limited T/A Hills Antenna & TV Systems, the Fair Work Commission was called upon to consider the application for approval of a proposed enterprise agreement. The applicant, Hills Holdings Limited, sought approval for the Hills Holdings Limited (Antenna & TV Systems Division (Manufacturing) - South Australia) Enterprise Agreement 2012. The dispute primarily revolved around the terms and conditions of employment for the workers within the specified division, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the procedural requirements set out in the legislation. This involved an assessment of whether the agreement had been genuinely negotiated, if it complied with the process for authorisation by the Commission, and if it met the statutory criteria for approval.

In examining the evidence presented, the Commission found that the agreement had been genuinely negotiated between the parties and that it complied with the procedural requirements. The Commission also considered the fairness of the proposed terms and conditions, noting that they provided for a range of benefits that were considered reasonable in the context of the industry and the specific circumstances of the parties involved. The Commission was satisfied that the agreement met the statutory criteria for approval, and it accordingly granted the application for approval of the enterprise agreement.

The final orders of the Commission included the approval of the Hills Holdings Limited (Antenna & TV Systems Division (Manufacturing) - South Australia) Enterprise Agreement 2012, which will now govern the terms and conditions of employment for the workers within the specified division. The agreement will be registered with the Fair Work Commission and will have effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established