DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hitachi Construction Machinery (Australia) Pty Ltd
(AG2019/590)

HITACHI CONSTRUCTION MACHINERY (AUSTRALIA) PTY LTD SERVICE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2019

Application for approval of the Hitachi Construction Machinery (Australia) Pty Ltd Service Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hitachi Construction Machinery (Australia) Pty Ltd Service Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hitachi Construction Machinery (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hitachi Construction Machinery (Australia) Pty Ltd was involved in a dispute with the Fair Work Commission (FWC), where the application for approval of the Hitachi Construction Machinery (Australia) Pty Ltd Service Enterprise Agreement 2018 was brought before the FWC. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 in terms of its provisions and the process through which it was formed.

The legal issues before the FWC included whether the agreement contained all the mandated terms and conditions, if it was made in good faith, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the FWC had to consider whether the agreement was made without the influence of any form of coercion or undue influence.

The FWC determined that the agreement satisfied all the statutory requirements. The agreement contained all the mandated terms and conditions as per the Fair Work Act 2009, and the FWC was satisfied that it was made in good faith. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, and there was no evidence of coercion or undue influence in the process of forming the agreement. The FWC approved the Hitachi Construction Machinery (Australia) Pty Ltd Service Enterprise Agreement 2018, finding it to be compliant with the relevant legislative requirements.

The FWC approved the Hitachi Construction Machinery (Australia) Pty Ltd Service Enterprise Agreement 2018, thereby resolving the dispute between the parties.

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