HIS Engineering Services Pty Ltd

[2014] FWCA 3778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HIS Engineering Services Pty Ltd
(AG2014/5712)

HIS ENGINEERING ON-SITE WORKS ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 JUNE 2014

Application for approval of the HIS Engineering On-Site Works Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the HIS Engineering On-Site Works Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by HIS Engineering Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 13 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, HIS Engineering Services Pty Ltd, sought approval of the HIS Engineering On-Site Works Enterprise Agreement 2014-2018. The matter was heard in the Fair Work Commission, with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 1998 forming the legislative framework. The applicant sought to have the agreement registered as a certified agreement, which would provide legal enforceability and other benefits under the Fair Work Act. The primary dispute concerned the validity of the agreement and whether it complied with the statutory requirements for registration.

The legal issues that the Commission had to address included whether the agreement had been genuinely negotiated between the parties and whether the agreement contained the mandatory terms and conditions required by the Fair Work Act. Additionally, the Commission needed to determine whether the agreement had been appropriately certified by an accredited organisation as meeting the criteria for registration. The applicant argued that the agreement had been properly negotiated and contained all necessary terms, while the respondents raised concerns about the negotiation process and the absence of certain terms.

The Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission also accepted the certification provided by an accredited organisation, which attested that the agreement met the statutory criteria for registration. Consequently, the Commission approved the registration of the HIS Engineering On-Site Works Enterprise Agreement 2014-2018 as a certified agreement. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the product of genuine negotiation and met all the statutory requirements for registration.

The final orders of the Commission included the approval of the agreement as a certified agreement, effective from the date of the decision. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that the applicant provide a copy of the agreement to the Fair Work Ombudsman. This decision provided legal enforceability to the agreement and ensured that the parties could benefit from the protections and benefits provided by the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established