Hunt Engineering & Staff Pty Ltd Summary

[2013] FWCA 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunt Engineering & Staff Pty Ltd
(AG2013/806)

TANK INDUSTRIES BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 APRIL 2013

Application for approval of the Tank Industries BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tank Industries BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hunt Engineering & Staff Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement proposed under section 175 of the Fair Work Act 2009. The proposed agreement, the Tank Industries BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement, was intended to apply to employees of the respondent, Tank Industries Pty Ltd. The primary dispute centred on whether the proposed agreement complied with the statutory requirements for registration and approval under the Fair Work Act. The Fair Work Commission was the body tasked with determining the legality and appropriateness of the agreement.

The legal issues before the Commission included whether the agreement met the criteria for good faith bargaining as mandated by the Act, whether it contained all necessary terms as per the prescribed list, and if the agreement provided fair and reasonable terms for the employees. The Commission also needed to consider whether the agreement was likely to have a detrimental effect on the economic efficiency of the workplace. These issues were critical in ensuring that the agreement balanced the rights and interests of both the employer and the employees.

In delivering its decision, the Commission examined the evidence presented by both parties, including witness testimonies and documentary submissions. It found that the agreement was the product of genuine and meaningful bargaining efforts, thus satisfying the good faith requirement. The Commission confirmed that all mandatory terms were included in the agreement, and it was not likely to have a detrimental effect on the economic efficiency of the workplace. Consequently, the Commission approved the proposed agreement, finding it to be fair and reasonable for the employees.

The final orders included the approval of the Tank Industries BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement, which would now be binding on both the employer and the employees. This decision affirmed the Commission's role in ensuring that enterprise agreements met the statutory requirements and provided a fair outcome for all parties involved.

Hunt Engineering & 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