HMR Engineering Pty Ltd

[2013] FWCA 9538

[2013] FWCA 9538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HMR Engineering Pty Ltd
(AG2013/9860)

HMR ENGINEERING PTY LTD BASE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 4 DECEMBER 2013

Application for approval of the HMR Engineering Pty Ltd Base Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HMR Engineering Pty Ltd Base Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HMR Engineering Pty Ltd (HMR Engineering).

[2] The Agreement will cover two casual employees of HMR Engineering. Both employees have been engaged on a regular and systematic basis by HMR Engineering for some period of time and I am satisfied, based on the material provided by HMR Engineering that continued employment of the two employees is to be reasonably expected. In the circumstances I am satisfied that the two employees were employees employed at the time that HMR Engineering asked them to approve the Agreement by voting for it and will be covered by the Agreement.

[3] The Agreement is to cover employees of HMR who are engaged in the classifications of Metal Tradesman, Rigger, Scaffolder, Dogperson or Trades Assistant. It will apply to HMR Engineering’s on site operations throughout Australia in respect of employees engaged in these classifications. Having regard to these operational characteristics, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen as the classifications covering the group relating to HMR Engineering’s on site operations are, in my view, operationally distinct.

[4] The application for approval was lodged on 21 October 2013 while the Agreement was approved by a valid majority of employees on 4 October 2013. HMR Engineering explained that the short delay in lodging the application was occasioned by difficulties associated with obtaining a signature on the Agreement by an employee representative. In the circumstances I am satisfied with the explanation provided for the delay and I consider that it is fair to extend the period within which to lodge the application to approve the agreement to 17 days.

[5] HMR Engineering 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.

[6] 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.

[7] The Agreement was approved on 4 December 2013 and, in accordance with s.54, will operate from 11 December 2013. The nominal expiry date of the Agreement is 4 December 2017.

DEPUTY PRESIDENT

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Annexure A