Hirotec Australia Pty Ltd Summary

[2014] FWCA 6320

FAIR WORK COMMISSION

DECISION

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

Hirotec Australia Pty Ltd
(AG2014/8759)

HIROTEC AUSTRALIA PTY LTD AND AWU CONSOLIDATED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 SEPTEMBER 2014

Application for approval of the Hirotec Australia Pty Ltd and AWU Consolidated Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hirotec Australia Pty Ltd and AWU Consolidated Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hirotec Australia Pty Ltd. 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hirotec Australia Pty Ltd, represented by their employee, sought approval of the Hirotec Australia Pty Ltd and AWU Consolidated Enterprise Agreement 2014. The Australian Workers' Union, the other party to the agreement, supported the application. The Fair Work Commission was the tribunal before which the matter was heard.

The key issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission was required to determine if the agreement complied with the "better off overall test" (BOOT) and if it contained provisions that were contrary to public policy. The BOOT required that the agreement be no less favourable to the employees than the applicable award or safety net. The Commission also considered whether the agreement contained any provisions that were contrary to public policy, which would render the agreement void.

The Commission found that the agreement met the BOOT and did not contain any provisions that were contrary to public policy. The Commission found that the agreement provided employees with benefits that were no less favourable than the applicable award or safety net, and that the agreement did not contain any provisions that were contrary to public policy. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Commission made orders approving the Hirotec Australia Pty Ltd and AWU Consolidated Enterprise Agreement 2014, subject to certain modifications. The modifications related to the calculation of penalty rates for shift work and the provision of shift allowances. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Hirotec Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established