DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HVA Technical Services Pty Limited T/A HVA Technical Services Pty Limited
(AG2018/5028)

HVA SERVICES ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the HVA Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the HVA Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HVA Technical Services Pty Limited T/A HVA Technical Services Pty Limited. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 22 February 2019. The nominal expiry date of the Agreement is 14 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HVA Technical Services Pty Limited, trading as HVA Technical Services Pty Limited, sought approval for the HVA Services Enterprise Agreement 2018 from the Fair Work Commission. The applicant, an engineering company, had entered into an agreement with the Electrical Trades Union of Australia, representing its employees. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement satisfied the procedural requirements for approval, including proper bargaining, disclosure, and the absence of prohibited content. Additionally, the Commission had to assess whether the terms of the agreement were consistent with the Fair Work Act's objectives, such as promoting higher wages and better working conditions. The applicant argued that the agreement was fair and reasonable, while the union supported its provisions.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the application met the necessary criteria. The Commission was satisfied that the agreement was the product of genuine bargaining, all required disclosures were made, and it did not contain any prohibited content. The terms of the agreement were considered fair and reasonable, promoting the objectives of the Fair Work Act. Consequently, the Commission approved the HVA Services Enterprise Agreement 2018.

The Fair Work Commission ordered that the HVA Services Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. This decision provided clarity and legal certainty for both the applicant and the union, ensuring compliance with the Fair Work Act's requirements.

HVA Technical Services Pty Limited T/A HVA Technical Services 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