Hunt Engineering and Staff Pty Ltd Summary

[2013] FWCA 7561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunt Engineering and Staff Pty Ltd
(AG2013/2996)

HUNT ENGINEERING AND STAFF ENTERPRISE AGREEMENT 2013 (TRADING AS TANK INDUSTRIES, HOPLEYS AND HUNT LASERCUT)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Hunt Engineering and Staff Enterprise Agreement 2013 (trading as Tank Industries, Hopleys and Hunt Lasercut).

[1] An application has been made for approval of an enterprise agreement known as the Hunt Engineering and Staff Enterprise Agreement 2013 (trading as Tank Industries, Hopleys and Hunt Lasercut) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hunt Engineering & Staff Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Hunt Engineering and Staff Pty Ltd, trading as Tank Industries, Hopleys and Hunt Lasercut, sought approval of the Hunt Engineering and Staff Enterprise Agreement 2013. The application was made to the Fair Work Commission under the Fair Work Act 2009. The applicants argued that the agreement was a simple, fair and efficient agreement that would adequately regulate the employment relationship between the company and its employees.

The central legal issue before the commission was whether the agreement met the requirements for approval under section 233 of the Fair Work Act. This required the commission to consider whether the agreement provided for a fair and efficient agreement and whether it was appropriately registered. The commission also needed to determine if the agreement was consistent with the Fair Work Act’s overarching objectives and if it included all the prescribed minimum terms and conditions of employment.

The commission found that the agreement was appropriately drafted and provided for a fair and efficient agreement. It was consistent with the Fair Work Act’s overarching objectives and included all the prescribed minimum terms and conditions of employment. The commission noted that the agreement contained provisions that were beneficial to the employees, such as increased leave entitlements and a dispute resolution process. The commission also considered the parties' bargaining power and found that the agreement was not disadvantaged to either party. Based on these findings, the commission approved the agreement.

The Fair Work Commission approved the Hunt Engineering and Staff Enterprise Agreement 2013. The agreement is now a legally binding document regulating the employment relationship between the company and its employees. The approval of the agreement ensures that the employees are protected by the minimum terms and conditions of employment and that the agreement is fair and efficient.

Hunt Engineering and Staff Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established