DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunt Engineering and Staff Pty Ltd T/A Tank Industries, Hopley’s Joist and Hunt Laser Cut
(AG2019/2607)

HUNT ENGINEERING AND STAFF ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Hunt Engineering and Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hunt Engineering and Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunt Engineering and Staff Pty Ltd T/A Tank Industries, Hopley’s Joist and Hunt Laser Cut. 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 19 September 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Hunt Engineering and Staff Pty Ltd trading as Tank Industries, Hopley’s Joist, and Hunt Laser Cut, collectively referred to as the applicant, who sought approval of the Hunt Engineering and Staff Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which was tasked with determining whether the enterprise agreement should be approved under the Fair Work Act 2009. The application for approval was opposed by the Building, Construction, Forestry, Maritime, Energy and Mining Union, which represented some of the employees affected by the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unfair content. The Commission also had to consider the fairness of the agreement in light of the broader industrial context and whether it provided for adequate protections for employees. Additionally, the Commission was required to assess the process by which the agreement was made, including whether it was genuinely agreed upon by the parties.

In reaching its decision, the Commission carefully examined the terms of the enterprise agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission also determined that the agreement was free from any unfair content and that it had been genuinely agreed upon by the parties. Based on these findings, the Commission approved the enterprise agreement, finding that it met the statutory requirements and was in the best interests of the employees.

Hunt Engineering and Staff Pty Ltd T/A Tank Industries, Hopley’s Joist and Hunt Laser Cut

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established