Hunter Tech Services Pty Limited

[2013] FWCA 10073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hunter Tech Services Pty Limited
(AG2013/10294)

HUNTER TECH SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Hunter Tech Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Hunter Tech Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Tech Services Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Hunter Tech Services Pty Limited applied to the Fair Work Commission for approval of the Hunter Tech Services Enterprise Agreement 2013. The application was made under section 230 of the Fair Work Act 2009, seeking the agreement's registration as a modern award. The dispute involved the terms of the enterprise agreement and its compliance with the statutory requirements for registration.

The legal issues before the Commission included whether the agreement met the procedural requirements for registration, including the proper bargaining process, and whether the agreement's terms were consistent with the Fair Work Act's objectives. The Commission considered the nature of the bargaining process, the coverage of the agreement, and whether the terms were fair and reasonable.

The Fair Work Commission found that the agreement was the product of genuine bargaining and satisfied the procedural requirements. The Commission also determined that the terms of the agreement were fair and reasonable and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the application for registration and ordered the agreement to be registered as a modern award.

The final orders included the registration of the Hunter Tech Services Enterprise Agreement 2013 as a modern award, effective from the date of the decision. The Commission's decision was based on the evidence of proper bargaining and the agreement's compliance with statutory requirements and fairness criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established