HJ Automation Pty Ltd T/A Trilec Australia

[2022] FWCA 4177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HJ Automation Pty Ltd T/A Trilec Australia

(AG2022/4777)

HJ Automation Enterprise Agreement 2022 - 2026

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 29 NOVEMBER 2022

Application for approval of the HJ Automation Enterprise Agreement 2022-2026

HJ Automation Pty Ltd T/A Trilec Australia has applied for approval of a single enterprise agreement known as the HJ Automation Enterprise Agreement 2022-2026 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is 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.

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.

The Agreement is approved and will operate from 6 December 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HJ Automation Pty Ltd, trading as Trilec Australia, filed an application for approval of the HJ Automation Enterprise Agreement 2022-2026, with the Fair Work Commission (FWC). The dispute involved the terms of the enterprise agreement, which was intended to cover the employees of the company, and the process of its approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the necessary requirements for approval and whether it was fair and reasonable in all its aspects.

The legal issues before the FWC centred on whether the enterprise agreement provided for the employees' pay and conditions in a manner that was fair and reasonable. The FWC had to consider whether the agreement met the procedural requirements for approval, including whether the agreement was made in good faith and whether it provided for the matters it purported to cover. Additionally, the FWC needed to assess the fairness of the agreement's terms, including the rates of pay, working conditions, and any other matters it addressed.

The FWC found that the application was procedurally valid and that the agreement had been made in good faith. The FWC concluded that the enterprise agreement was fair and reasonable in all its aspects. The FWC noted that the agreement provided for adequate pay and conditions for the employees, and that it addressed various matters pertinent to the workplace. The FWC was satisfied that the agreement met the necessary criteria under the Fair Work Act, and therefore approved the HJ Automation Enterprise Agreement 2022-2026. The FWC's decision was based on a comprehensive analysis of the agreement's contents and its alignment with the principles of fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established