Horn Graders Pty Ltd

[2018] FWCA 380

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Horn Graders Pty Ltd

(AG2017/4506)

Horn Graders Pty Ltd Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 18 JANUARY 2018

Application for approval of the Horn Graders Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Horn Graders 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 Horn Graders Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Horn Graders Pty Ltd applied for approval of the Horn Graders Pty Ltd Enterprise Agreement 2017. The agreement was made between the company and the Transport and Distribution Union of Australia. The dispute centered around the terms and conditions of employment for the workers, including wages, working hours, leave entitlements, and other related matters.

The legal issues before the Commission were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it had been made in good faith and without coercion. The Transport and Distribution Union of Australia contested certain provisions of the agreement, arguing they were unfair and did not adequately protect the workers' interests.

The Commission assessed the agreement against the criteria set out in the Fair Work Act, considering factors such as the nature of the bargaining process, the fairness of the terms, and the representation of the employees. After reviewing the submissions and evidence from both parties, the Commission determined that the agreement did meet the statutory requirements. It found that the terms and conditions were fair and reasonable, and that the agreement had been made in good faith without coercion.

The Fair Work Commission approved the Horn Graders Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement now serves as the basis for the employment terms and conditions of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established