DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hybrid Systems Pty Ltd
(AG2021/5291)

HYBRID SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2021

Application for approval of the Hybrid Systems Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hybrid Systems Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hybrid Systems 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] 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 12 July 2021. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the dispute were Hybrid Systems Pty Ltd, an employer, and its employees represented by a union. The nature of the dispute pertained to the application for the approval of the Hybrid Systems Pty Ltd Enterprise Agreement 2021. The case was heard in the Fair Work Commission of Australia. The central legal issue before the court was whether the Enterprise Agreement, as proposed by the employer, met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was made in good faith, provided for a fair and efficient workplace, and complied with the procedural requirements for approval.

The court's reasoning involved a detailed analysis of the proposed Enterprise Agreement. It examined whether the agreement was made in good faith, considering the employer's bargaining position and the employees' rights. The court also assessed whether the agreement provided for a fair and efficient workplace, ensuring that it did not undermine the employees' rights or entitlements. Additionally, the court reviewed the procedural compliance of the agreement, ensuring that the necessary steps for approval were followed. After thorough deliberation, the court determined that the agreement satisfied the legal criteria for approval, meeting the requirements for good faith, fairness, efficiency, and procedural compliance. Consequently, the application for approval was granted, and the Enterprise Agreement was registered.

The final orders of the court approved the Hybrid Systems Pty Ltd Enterprise Agreement 2021, making it a legally binding document between the employer and the employees. The court's decision affirmed the agreement's compliance with the relevant legislative provisions, ensuring that it would govern the terms and conditions of employment for the employees represented by the union.

Hybrid Systems 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