DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunt Engineering and Staff Pty Ltd T/A Tank Industries, Hopleys and Hunt Laser Cut
(AG2016/5414)

HUNT ENGINEERING AND STAFF ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Hunt Engineering and Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunt Engineering and Staff Enterprise Agreement 2016 (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, Hopleys and Hunt Laser Cut. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 October 2016 and, in accordance with s.54, will operate from 19 October 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hunt Engineering and Staff Pty Ltd, trading as Tank Industries, Hopleys and Hunt Laser Cut, sought approval of the Hunt Engineering and Staff Enterprise Agreement 2016. The application was made by the employer, and the Australian Manufacturing Workers Union intervened in support of the application. The dispute centred around the approval of a new enterprise agreement which, if approved, would replace the existing agreement.

The primary legal issues the court had to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning minimum entitlements, the process for negotiating the agreement, and its overall fairness. The court also needed to determine if the agreement met the criteria for an enterprise agreement, including whether it was made in good faith and provided for the terms and conditions of employment for the relevant employees.

The court examined the evidence presented by both the employer and the union, including the negotiation process and the terms of the agreement. The court found that the agreement was made in good faith and that it provided for the terms and conditions of employment of the employees. The court also determined that the agreement complied with the requirements of the Fair Work Act 2009, including the minimum entitlements for employees. The court concluded that the agreement was fair and reasonable, and approved the application for the agreement to be registered.

The Fair Work Commission approved the Hunt Engineering and Staff Enterprise Agreement 2016, effective from 1 January 2016. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The court noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it complied with all relevant legal requirements.

Hunt Engineering and Staff Pty Ltd T/A Tank Industries, Hopleys 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