DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HRL Technology Pty Ltd
(AG2015/2068)

HRL TECHNOLOGY PTY LTD EMPLOYEES’ ENTERPRISE AGREEMENT 2014 - 2016

Scientific services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 APRIL 2015

Application for approval of the HRL Technology Pty Ltd Employees’ Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the HRL Technology Pty Ltd Employees’ Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HRL Technology 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Municipal, Administrative, Clerical and Services 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 April 2015 and, in accordance with s.54, will operate from 30 April 2015. The nominal expiry date of the Agreement is 1 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of HRL Technology Pty Ltd, the Fair Work Commission was tasked with approving an employees' enterprise agreement for the years 2014 to 2016. The applicant, HRL Technology Pty Ltd, sought the Commission's approval for this agreement, which was negotiated between the company and its employees. The primary dispute centred around the terms and conditions of employment as outlined in the agreement, including wages, working hours, leave entitlements, and other workplace provisions.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission needed to assess whether the agreement complied with the statutory minimum standards set out in the National Employment Standards and other relevant awards.

After thorough consideration of the evidence and submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with all statutory minimum standards and that it addressed the needs and interests of both the employees and the employer in a balanced manner. Consequently, the Commission approved the HRL Technology Pty Ltd Employees’ Enterprise Agreement 2014 - 2016.

As a result of the Commission's decision, the agreement was approved and will now serve as the governing document for the employment terms and conditions between HRL Technology Pty Ltd and its employees for the specified period. This approval ensures that the terms of employment are fair, reasonable, and in compliance with the relevant legislative framework.

HRL Technology 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