DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Honeywell Limited
(AG2018/2091)

HONEYWELL LIMITED HBS TECHNICIANS VICTORIA ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Honeywell Limited HBS Technicians Victoria Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Honeywell Limited HBS Technicians Victoria Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Honeywell Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Honeywell Limited applied for approval of the Honeywell Limited HBS Technicians Victoria Enterprise Agreement 2017-2021. The applicant was represented by Mr. A. Williams, while the respondent, the Health Services Union of Australia, was represented by Mr. J. Thompson. The case centred on whether the proposed enterprise agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural requirements for enterprise agreements and whether it contained terms that were unfair within the meaning of the Act. The Court needed to determine if the agreement was genuinely negotiated and if it contained provisions that might be considered harsh, unjust, or unreasonable. This included scrutinising the agreement’s impact on the employees' conditions and whether it provided adequate safeguards.

The Court found that the agreement had been fairly and genuinely negotiated and contained no terms that were unfair. It ruled that the agreement met all procedural requirements and provided a fair balance of benefits and obligations for both parties. The Court highlighted the inclusion of appropriate dispute resolution mechanisms and provisions for employee protection as key factors in its decision. Consequently, the Court approved the agreement.

Honeywell Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established