DECISION

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

Hyatt Ground Engineering Pty Ltd
(AG2015/3183)

HYATT GROUND ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2015

Application for approval of the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Emanon Shoring Pty Ltd ATF The Hilder Family Trust & Employees Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emanon Shoring Pty Ltd ATF The Hilder Family Trust (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 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2014 - 2018. The dispute arose between the employer, Hyatt Ground Engineering Pty Ltd, and the trade union representing the employees, United Voice. The applicants sought the Fair Work Commission's approval of the enterprise agreement to ensure its validity and enforceability under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated, the appropriate process was followed, and adequate information and consultation occurred. Substantively, the agreement had to comply with the Fair Work Act’s minimum entitlements, avoid adverse effects on safety and productivity, and not undermine the right to free association.

The Fair Work Commission found that the agreement was genuinely negotiated and the proper processes were followed. The Commission was satisfied that the union adequately represented the employees and that sufficient information and consultation had taken place. On the substantive merits, the Commission concluded that the agreement did not adversely affect health and safety or productivity and did not undermine the right to free association. Furthermore, the agreement was compliant with the minimum entitlements set out in the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission’s decision was that the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2014 - 2018 was approved and would be registered with the Fair Work Commission. This approval ensures that the agreement is legally binding and enforceable between the employer and the employees covered by the agreement.

Hyatt Ground Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established