DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horizon Global Pty Ltd
(AG2017/5144)

HORIZON GLOBAL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Horizon Global Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Global 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 Horizon Global 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] The Australian Manufacturing Workers Union 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 29 December 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Horizon Global Pty Ltd applied to the Fair Work Commission for approval of the Horizon Global Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union and the National Tertiary Education Union. The primary dispute centred on the terms and conditions of employment contained within the proposed enterprise agreement, specifically the provisions concerning remuneration, conditions of work, and dispute resolution mechanisms.

The legal issues that the Fair Work Commission needed to decide were whether the proposed agreement met the procedural requirements under the Fair Work Act 2009 and whether the terms and conditions of the agreement were fair and reasonable. This involved assessing whether there was genuine bargaining, if the agreement covered all the required matters, and if it provided for a proper dispute resolution process. The Commission also had to consider whether the agreement met the "better off overall test" by ensuring that employees were not worse off than under their previous conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement had been genuinely bargained and met the procedural requirements of the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate remuneration and appropriate dispute resolution mechanisms. The Commission concluded that the agreement was better off overall for the employees, as it provided improved conditions without any detriment to the employees' overall entitlements.

The Fair Work Commission approved the Horizon Global Enterprise Agreement 2017, subject to certain conditions, including a requirement for the employer to provide further information to employees about the agreement and its terms. The approval ensures that the agreement will govern the employment conditions of the employees for the specified period, providing a framework for industrial relations between the employer and the unions.

Horizon Global 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