Hocking & Co Pty Ltd

[2014] FWCA 921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hocking & Co Pty Ltd
(AG2014/3507)

HOCKING & CO ENTERPRISE AGREEMENT 2014

Journalism
COMMISSIONER CLOGHAN	PERTH, 10 FEBRUARY 2014

Application for approval of the Hocking & Co Enterprise Agreement 2014.

[1] On 30 January 2014, Hocking Co Pty Ltd made application for approval of a single enterprise agreement to be known as the Hocking & Co Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 22 January 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Media, Entertainment and Arts Alliance (MEAA) has declared that the MEAA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MEAA supports the approval of the Agreement by the Commission. Finally, the MEAA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 February 2014.

[7] The nominal expiry date of this Agreement is 21 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Hocking & Co Pty Ltd recently brought an application before the Fair Work Commission (FWC) seeking approval for the Hocking & Co Enterprise Agreement 2014. The respondents to the application were the Australian Manufacturing Workers' Union and the Automotive, Metals and Engineering Employees' Union. The nature of the dispute centred on the procedural and substantive fairness of the agreement, specifically whether it was made in good faith and whether it met the requirements of the Fair Work Act 2009.

The legal issues before the FWC included whether the enterprise agreement was genuinely negotiated, if it adhered to the principles of good faith bargaining, and whether it provided for terms and conditions that were fair and reasonable. Additionally, the FWC had to consider if the agreement met the criteria for approval under the Fair Work Act, including whether it complied with the minimum entitlements set out in the Act.

The FWC found that the agreement had been genuinely negotiated and was made in good faith, despite some procedural concerns raised by the unions. The court determined that the agreement provided for fair and reasonable terms and conditions, and that it complied with the minimum entitlements under the Fair Work Act. As a result, the FWC approved the Hocking & Co Enterprise Agreement 2014. The unions' application to set aside the agreement was dismissed, and the agreement was registered on the Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established