DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydraulic & Pneumatic Pty Ltd
(AG2016/6465)

HYDRAULIC AND PNEUMATIC PTY LTD WORKPLACE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydraulic & Pneumatic Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hydraulic & Pneumatic Pty Ltd, an employer, sought approval for a workplace agreement from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for the company's employees. The dispute was heard by the Fair Work Commission, the federal tribunal responsible for overseeing and enforcing workplace laws in Australia.

The primary legal issue before the Commission was whether the proposed workplace agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum terms and conditions of employment, and whether it was made without coercion or in a manner that was not unfair. The employer argued that the agreement was made in good faith and did not undermine the basic rights of employees.

The Commission found that the proposed agreement was made without coercion and provided for terms and conditions of employment that were not less favourable than the relevant national workplace determination. The agreement included provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions that were compliant with the Act. The Commission also considered the process by which the agreement was made, finding that it was negotiated in good faith and that the employees had an opportunity to seek independent advice. As a result, the Commission approved the workplace agreement, finding that it met the requirements for approval under the Act.

The Fair Work Commission approved the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2016 - 2019, confirming that it was made without coercion and provided for terms and conditions of employment that met the minimum standards set out in the Fair Work Act 2009. The Commission found that the agreement was compliant with the Act and did not undermine the basic rights of employees. The employer may now implement the agreement, and it will govern the employment relationship between the company and its employees for the period specified in the agreement.

Hydraulic & Pneumatic 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