DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HIS Engineering Services Pty Limited
(AG2015/7465)

HIS POWER STATIONS AND INDUSTRIAL PROJECTS (EASTERN STATES) ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2015

Application for approval of the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HIS Engineering Services Pty 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 10 December 2015 and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 5 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of HIS Engineering Services Pty Limited, the Fair Work Commission was tasked with approving the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2015 - 2019. The application for approval came from the employer, HIS Engineering Services Pty Limited, who sought the agreement's validation to govern the employment conditions of their workers. The dispute centred on the adequacy and fairness of the proposed agreement terms, which were subject to scrutiny under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the 'better off overall test' and complied with the provisions of the Fair Work Act. This test requires that employees be no worse off financially and, ideally, better off overall when compared to their previous terms of employment or applicable awards. Additionally, the Commission had to ensure that the agreement was free from any discriminatory provisions and was consistent with Australia's industrial relations framework. The employer argued that the proposed terms were fair and reasonable, while the employee representatives contended that certain provisions did not adequately protect employees' interests.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the broader context of industrial relations. The Commission determined that the agreement, while containing some provisions that could be improved, met the 'better off overall test' for the majority of employees. It found that the proposed agreement was fair and reasonable, and thus approved the application for the agreement's registration. The Commission also made minor adjustments to certain clauses to enhance protections for employees, ensuring compliance with the legislative requirements.

The Fair Work Commission approved the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2015 - 2019, subject to the modifications made by the Commission. This decision ensures that the agreement is registered and legally binding, governing the employment conditions of the employees within the specified scope.

HIS Engineering Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established