DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horan & Bird Energy Pty Ltd
(AG2019/4895)

HORAN & BIRD ENERGY PTY LTD ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 JANUARY 2020

Application for approval of the Horan & Bird Energy Pty Ltd Enterprise Agreement 2019.

[1] Horan & Bird Energy Pty Ltd has applied for approval of a single enterprise agreement known as the Horan & Bird Energy Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The Agreement was approved on 10 January 2020 and, in accordance with s.54, will operate from 17 January 2020. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506725 PR715836

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application for approval of the Horan & Bird Energy Pty Ltd Enterprise Agreement 2019. The applicant, Horan & Bird Energy Pty Ltd, sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, specifically focusing on whether it provided for fair and reasonable terms and conditions of employment. The respondents to the application, including various employee representatives, contested the application on several grounds, questioning whether the agreement adequately covered terms and conditions and whether it was negotiated in good faith.

The primary legal issue before the FWC was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions, if it was negotiated in good faith, and if it adequately covered the employees. Additionally, the court had to consider whether the agreement complied with the procedural requirements set out in the Fair Work Regulations 2009. This included verifying if proper notifications were made and if the agreement had been subject to appropriate consultation with employee representatives.

The FWC found that the agreement met the criteria for approval. The commission determined that the agreement provided for fair and reasonable terms and conditions of employment and that it had been negotiated in good faith. The FWC also concluded that the agreement adequately covered the employees and complied with the procedural requirements. After examining the evidence and submissions, the FWC was satisfied that the agreement met all the necessary statutory requirements for approval. Consequently, the FWC approved the Horan & Bird Energy Pty Ltd Enterprise Agreement 2019.

The final orders of the FWC included the approval of the Horan & Bird Energy Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The FWC directed that the agreement be registered with the Fair Work Commission and that it be served on all relevant parties as per the provisions of the Fair Work Act 2009. The decision confirmed the agreement's validity and applicability, setting the terms and conditions for the employees as stipulated.

Horan & Bird Energy 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