DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hoist Torque Australia Pty Ltd
(AG2017/3230)

HOIST TORQUE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Hoist Torque Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hoist Torque Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hoist Torque Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hoist Torque Australia Pty Ltd, applied to the Fair Work Commission for the approval of the Hoist Torque Australia Pty Ltd Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for employees within the company. The matter was heard in the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act, including provisions relating to the proper procedure for the negotiation and making of the agreement. A secondary issue was whether the agreement provided for appropriate terms and conditions that met the needs of both the employees and the employer.

In determining the application, the Commission examined the procedures followed in the negotiation and making of the agreement. The Commission found that the procedures were in accordance with the statutory requirements. The Commission also considered the terms of the agreement, including provisions on pay rates, classification, and conditions of employment. The Commission concluded that the agreement provided for fair and reasonable terms and conditions that balanced the interests of both parties.

The Fair Work Commission approved the Hoist Torque Australia Pty Ltd Enterprise Agreement 2017. The Commission certified the agreement, which will now form the basis of the employment conditions for the employees of Hoist Torque Australia Pty Ltd.

Hoist Torque 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