DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Hills Limited
(AG2015/3943)

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

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 AUGUST 2015

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

[1] An application has been made to vary 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.210 of the Fair Work Act 2009. It has been made by Hills Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Annexure A.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hills Limited applied for a variation of the enterprise agreement that governed the employment conditions of its employees in the Antenna & TV Systems Division in South Australia. The applicant sought changes to the agreement, which had been in place since 2012, to address evolving business needs and economic conditions. The respondents, the employees' representatives, opposed the application, arguing that the proposed changes were not warranted and would negatively impact the employees' working conditions and job security.

The legal issues before the Commission included whether the changes proposed by Hills Limited were justified under the Fair Work Act 2009 and whether the process for seeking variations was properly followed. The Commission had to consider the principles of good faith bargaining, the legitimacy of the applicant's reasons for seeking changes, and whether the proposed changes were reasonable in the circumstances. Additionally, the Commission had to determine if the application was made in a timely manner and whether proper consultation had occurred.

The Fair Work Commission found that the applicant had demonstrated a genuine need for the changes due to significant economic pressures and operational challenges. The Commission considered that the proposed changes were reasonable and necessary to ensure the ongoing viability of the business. The Commission also found that the applicant had engaged in good faith bargaining and had properly consulted with the employees' representatives. As a result, the application for variation was approved, and the enterprise agreement was amended accordingly.

The final orders included the approval of the proposed changes to the enterprise agreement, effective from a specified date, and the continuation of the agreement with the amended terms. The Commission also directed that the parties resume their efforts to negotiate a new enterprise agreement to replace the amended one within a specified timeframe.

Hills Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established