DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HIS Contract Services Pty Ltd
(AG2016/4496)

HIS CONTRACT SERVICES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the HIS Contract Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the HIS Contract Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HIS Contract Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 7 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by HIS Contract Services Pty Ltd for approval of the HIS Contract Services Enterprise Agreement 2016. The dispute arose from negotiations between the company and the Australian Manufacturing Workers’ Union. The company sought approval for the agreement to ensure it complied with the Fair Work Act 2009 and covered the terms and conditions of employment for its staff.

The key legal issues that the Commission needed to address were whether the agreement met the criteria for registration under section 232 of the Fair Work Act, including whether it had been negotiated in good faith and whether it contained the essential elements required by the Act. Specifically, the Commission needed to examine if the agreement covered all necessary terms, including wages, allowances, and other conditions of employment, and whether it complied with the procedural requirements for negotiation and approval.

In its decision, the Commission determined that the agreement was made in good faith and contained all the necessary elements required by the Fair Work Act. The Commission found that the agreement had been negotiated in accordance with the procedural requirements, and it was comprehensive in covering the terms and conditions of employment. Therefore, the Commission approved the agreement, finding it to be a lawful and valid enterprise agreement under the Act.

The Fair Work Commission approved the HIS Contract Services Enterprise Agreement 2016. This decision provided certainty for both the employer and employees, ensuring that the agreement was legally binding and enforceable. The approval also affirmed the importance of adhering to the legislative framework in the negotiation and registration of enterprise agreements.

HIS Contract Services 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