DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hodford Tek Pty Ltd t/a Pirtek Port Hedland
(AG2015/7163)

HODFORD TEK PTY LTD TRADING AS PIRTEK PORT HEDLAND ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the Hodford Tek Pty Ltd trading as Pirtek Port Hedland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hodford Tek Pty Ltd trading as Pirtek Port Hedland Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hodford Tek Pty Ltd t/a Pirtek Port Hedland. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 5 February 2016 and, in accordance with s.54, will operate from 12 February 2016. The nominal expiry date of the Agreement is 5 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hodford Tek Pty Ltd, trading as Pirtek Port Hedland, applied for the approval of the Enterprise Agreement 2015 under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union, who argued that the agreement did not meet the "better off overall test" and that the agreement unfairly disadvantaged employees. The case was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement provided employees with a better overall package of terms and conditions than the applicable awards, and whether the agreement unfairly disadvantaged employees. The Commission examined the financial and non-financial terms of the agreement, as well as the process by which the agreement was negotiated. The Commission also considered the evidence and submissions from both parties on the impact of the agreement on employees.

The Commission found that the agreement provided employees with a better overall package of terms and conditions than the applicable awards, and that the agreement did not unfairly disadvantage employees. The Commission noted that the agreement provided for a significant increase in wages and allowances, as well as improvements to leave entitlements and other benefits. The Commission also found that the agreement was the product of a genuine bargaining process, and that the parties had negotiated in good faith. The Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the Enterprise Agreement 2015, subject to certain minor modifications. The modifications related to the calculation of shift differentials and the inclusion of a clause prohibiting the use of agency workers. The Commission found that these modifications were necessary to ensure that the agreement met the "better off overall test" and did not unfairly disadvantage employees. The Commission also noted that the modifications were minor and did not significantly alter the overall package of terms and conditions provided by the agreement.

Hodford Tek Pty Ltd t/a Pirtek Port Hedland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established