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

[2021] FWCA 6149

FAIR WORK COMMISSION

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
(AG2021/7419)

HUNT ENGINEERING AND STAFF ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 OCTOBER 2021

Application for approval of the Hunt Engineering and Staff Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Hunt Engineering and Staff Enterprise Agreement 2021 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 14 October 2021. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513394 PR734639>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case before the Full Bench involved an application for the approval of the Hunt Engineering and Staff Enterprise Agreement 2021. The applicant, Hunt Engineering and Staff Pty Ltd trading as Tank Industries, Hopley’s Joist and Hunt Laser Cut, sought approval of the enterprise agreement. The application was opposed by the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The legal issues before the court revolved around whether the enterprise agreement complied with the statutory provisions of the Fair Work Act, specifically focusing on whether the agreement had been made in accordance with the prescribed process and whether it contained the necessary minimum terms and conditions. The union contended that the agreement failed to include certain minimum entitlements, did not adequately provide for the rights of employees, and did not ensure the agreement was made fairly and in good faith.

In delivering the decision, the Full Bench examined the provisions of the Fair Work Act and the Fair Work Regulations, considering the requirements for the approval of enterprise agreements. The court determined that the agreement, while containing many elements that met the statutory requirements, fell short in certain respects. The Full Bench found that the agreement did not adequately address the entitlements and protections for employees as required by the legislation. Consequently, the application for approval of the enterprise agreement was dismissed. The decision emphasised the importance of ensuring that enterprise agreements comply with the minimum standards set by the Fair Work Act to protect the rights of employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established