DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hitachi Construction Machinery (Australia) Pty Ltd
(AG2021/6281)

HITACHI CONSTRUCTION MACHINERY (AUSTRALIA) PTY LTD PARTS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 4 AUGUST 2021

Application for approval of the Hitachi Construction Machinery (Australia) Pty Ltd Parts Enterprise Agreement 2021.

[1] Hitachi Construction Machinery (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Hitachi Construction Machinery (Australia) Pty Ltd Parts Enterprise Agreement 2021 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 11 August 2021, or the beginning of the first full pay period after 4 August 2021, whichever is later. The nominal expiry date of the Agreement is 3 August 2025.

[5] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Hitachi Construction Machinery (Australia) Pty Ltd Parts Enterprise Agreement 2021. The application was brought before the Fair Work Commission. Hitachi Construction Machinery (Australia) Pty Ltd sought the approval of this agreement, which was intended to govern the employment terms of their employees. The opposition to the approval was based on concerns regarding the agreement's compliance with various statutory requirements and fairness standards.

The primary legal issues before the court included whether the agreement met the necessary criteria under the Fair Work Act 2009, particularly concerning its procedural fairness, the adequacy of the consultation process, and whether it provided for the fair and equitable treatment of employees. Furthermore, the court needed to assess if the agreement adequately addressed the interests of the employees and if it complied with the standards of procedural fairness, as required by the Act.

The Fair Work Commission carefully reviewed the application and the evidence presented. It determined that the agreement satisfied the statutory requirements and procedural fairness standards. The Commission found that the consultation process was appropriate and that the agreement provided for the fair and equitable treatment of employees. Consequently, the application for approval was granted. The Commission approved the agreement, confirming that it met the necessary criteria and provided a fair and balanced framework for the employment terms of the employees.

Hitachi Construction Machinery (Australia) 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