DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Horn Graders Pty Ltd
(AG2020/3630)

HORN GRADERS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 DECEMBER 2020

Application for approval of the Horn Graders Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Horn Graders Pty Ltd Enterprise Agreement 2020 (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.

[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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2020. The nominal expiry date of the Agreement is 30 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Horn Graders Pty Ltd sought approval of the Horn Graders Pty Ltd Enterprise Agreement 2020. The applicant, a company involved in the grading of minerals, had entered into an enterprise agreement with its employees represented by the United Voice union. The union sought approval of the agreement, which was to apply to employees who were members of the union and who were covered by the agreement.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement had been made in good faith and whether it provided for terms and conditions that were no less favourable than the applicable awards or the national system of employment. The Commission also had to consider whether the agreement complied with the "better off overall test", which required that employees be no worse off financially under the agreement than they would be under the applicable awards or the national system.

The Commission found that the agreement met the requirements of the Act. It was satisfied that the agreement had been made in good faith and that it provided for terms and conditions that were no less favourable than the applicable awards or the national system. The Commission also found that the agreement complied with the better off overall test, as employees would be no worse off financially under the agreement. The Commission approved the agreement, noting that it provided for a number of improvements to the employees' terms and conditions of employment, including increased pay rates and improved conditions for shift work.

The Fair Work Commission approved the Horn Graders Pty Ltd Enterprise Agreement 2020. The Commission found that the agreement met all of the legal requirements of the Fair Work Act 2009 and provided for terms and conditions that were no less favourable than the applicable awards or the national system. The agreement was approved on the basis that it complied with the better off overall test, and that employees would be no worse off financially under the agreement. The Commission noted that the agreement provided for a number of improvements to the employees' terms and conditions of employment, and that it had been made in good faith.

Horn Graders 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