DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hussmann Australia Pty Limited
(AG2021/146)

HUSSMANN AUSTRALIA ENTERPRISE AGREEMENT 2020 – 2023

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 25 FEBRUARY 2021

Application for approval of the Hussmann Australia Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Hussman Australia Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hussmann Australia Pty Ltd. 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] 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.

[4] The agreement is approved, and in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Hussmann Australia Pty Limited involved an application by the employer for the approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the legislative requirements for such agreements and whether it adequately met the "better off overall test" as stipulated by the Act.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, and whether it was likely to lead to improved terms and conditions of employment for the majority of the employees. Furthermore, the Commission had to determine if the agreement was consistent with the principles of the national workplace relations system and whether it contained any provisions that might be considered contrary to public policy or detrimental to employees' rights.

The Commission found that the proposed agreement met the statutory requirements and was likely to be better off overall for the majority of employees. The Commission considered the provisions of the agreement, including wages, working conditions, and other employment terms, and concluded that they were fair and reasonable. The Commission also noted that the agreement included protections and benefits that aligned with the principles of the national workplace relations system. Therefore, the Commission approved the enterprise agreement, finding that it satisfied the necessary criteria under the Act.

As a result of the approval, the Hussmann Australia Enterprise Agreement 2020 - 2023 was formally accepted, and the terms and conditions specified within it became binding on the employer and the employees covered by the agreement.

Hussmann Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established