DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HIS Engineering Services Pty Limited
(AG2019/4498)

HIS POWER STATIONS AND INDUSTRIAL PROJECTS (EASTERN STATES) ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 10 DECEMBER 2019

Application for approval of the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2019 - 2023.

[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 2019 - 2023 (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.

[3] The Agreement lodged contained an error at clause 18.2.1. On 6 December 2019, the Applicants representative filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2019. The nominal expiry date of the Agreement is 5 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2019 - 2023. The applicant, HIS Engineering Services Pty Limited, sought approval of the agreement, which was proposed to cover its employees in the power stations and industrial projects sectors across the eastern states of Australia. The dispute involved the negotiation and subsequent approval of the enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for approval, including ensuring it provided for fair and reasonable terms and conditions for employees.

The legal issues central to the case revolved around whether the proposed enterprise agreement was genuinely negotiated, and if it provided for fair and reasonable terms and conditions for the employees. The Commission had to assess if the agreement complied with the statutory requirements, including the "better off overall test" (BOOT) and whether it adhered to the Fair Work Act's provisions. Additionally, the Commission examined if the agreement was free from any unfair provisions and if it allowed for genuine consultation and negotiation between the parties.

In evaluating the application, the Commission considered the evidence presented by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and met the statutory requirements. It satisfied the BOOT, as employees were better off overall under the proposed terms compared to the existing conditions. The Commission also determined that the agreement provided for fair and reasonable terms and conditions and did not contain any unfair provisions. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the necessary criteria under the Fair Work Act.

The final orders of the Commission included the approval and certification of the HIS Power Stations and Industrial Projects (Eastern States) Enterprise Agreement 2019 - 2023. The agreement was certified as providing for fair and reasonable terms and conditions, and it was recognised as a valid enterprise agreement under the Fair Work Act. The decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment terms and conditions for the specified period.

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