Horan & Bird Pty Ltd T/A Horan & Bird Pty Ltd

[2013] FWCA 8628

FAIR WORK COMMISSION

DECISION

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

Horan & Bird Pty Ltd T/A Horan & Bird Pty Ltd
(AG2013/9776)

HORAN & BIRD PTY LTD ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Horan and Bird Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Horan and Bird Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Horan & Bird Pty Ltd trading as Horan & Bird (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

Horan & Bird Pty Ltd, trading as Horan & Bird Pty Ltd, sought approval for the Horan and Bird Pty Ltd Enterprise Agreement 2013-2016. The application was made to the Fair Work Commission, which is responsible for reviewing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly whether it provided for fair and reasonable terms and conditions for employees and whether it complied with the provisions of the Act.

The legal issues before the Commission involved assessing the agreement's compliance with the Act, particularly regarding the protection of employee rights and the fairness of the terms proposed. Key areas of scrutiny included the agreement's provisions on wages, working hours, leave entitlements, and the process for resolving disputes. The Commission also considered whether the agreement adequately protected vulnerable employees and whether it provided for appropriate mechanisms for bargaining and negotiation.

In its decision, the Commission found that the agreement did not meet the necessary standards for approval. The Commission identified several deficiencies, including inadequate provisions for leave entitlements and insufficient protections for employees in vulnerable positions. The Commission noted that while the agreement contained most of the required provisions, it fell short in key areas that impacted the fairness and reasonableness of the terms. Consequently, the application for approval was rejected. The Commission's decision was based on a thorough examination of the agreement's provisions and their alignment with the statutory requirements set out in the Fair Work Act 2009.

The Fair Work Commission ordered that the Horan and Bird Pty Ltd Enterprise Agreement 2013-2016 be refused approval. The Commission's decision highlighted the importance of ensuring that enterprise agreements fully protect employee rights and provide fair and reasonable terms. The rejection of the agreement serves as a reminder to parties involved in the negotiation and drafting of such agreements to carefully consider the statutory requirements and the impact of their provisions on employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established