DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hills Limited
(AG2017/5214)

HILLS LIMITED ANTENNA & TV SYSTEMS BUSINESS UNIT MANUFACTURING - SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 MARCH 2018

Application for approval of the Hills Limited Antenna & TV Systems Business Unit Manufacturing - South Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hills Limited Antenna & TV Systems Business Unit Manufacturing - South Australia 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 Hills Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2018. The nominal expiry date of the Agreement is 11 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hills Limited applied for the approval of the Hills Limited Antenna & TV Systems Business Unit Manufacturing - South Australia Enterprise Agreement 2017. The applicant, Hills Limited, is a company involved in the manufacturing of antenna and television systems. The agreement in question was entered into between the company and the relevant trade unions representing the employees of the Antenna & TV Systems Business Unit in South Australia. The dispute centred around whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The primary legal issues the Commission was required to decide were whether the agreement was a "good faith" bargain, whether it contained all the mandatory terms and conditions, and whether it was in compliance with the Fair Work Act. The applicant argued that the agreement was negotiated in good faith and contained all the necessary terms. The unions supported the application, asserting that the agreement was fairly negotiated and met all legislative requirements. The Commission needed to examine the negotiation process, the content of the agreement, and its compliance with the Act.

The Fair Work Commission found that the agreement was indeed a product of good faith negotiations and contained all the mandatory terms and conditions required by the Act. The Commission was satisfied that the agreement met the legislative requirements and would provide fair and reasonable outcomes for both the employees and the employer. The Commission approved the agreement, noting that it included provisions for wages, hours of work, leave, and other employment conditions that were consistent with the statutory framework. Consequently, the Commission issued a certificate of registration for the Hills Limited Antenna & TV Systems Business Unit Manufacturing - South Australia Enterprise Agreement 2017.

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