DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydraulic & Pneumatic Pty Ltd
(AG2016/6451)

HYDRAULIC & PNEUMATIC PTY LTD LOY YANG A POWER STATION AND MINE TECHNICAL SERVICES CERTIFIED AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Hydraulic & Pneumatic Pty Ltd Loy Yang A Power Station and Mine Technical Services Certified Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hydraulic & Pneumatic Pty Ltd Loy Yang A Power Station and Mine Technical Services Certified 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Hydraulic & Pneumatic Pty Ltd sought approval of the Hydraulic & Pneumatic Pty Ltd Loy Yang A Power Station and Mine Technical Services Certified Agreement 2016-2019, which was before the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, particularly that it was a genuine agreement, and that it was made in good faith and was not misleading or deceptive. The applicant submitted that the agreement had been negotiated fairly and that it provided for a fair and reasonable method of determining the employment terms and conditions of the employees covered by the agreement.

The central legal issue before the court was whether the agreement met the statutory criteria for approval. The court needed to consider whether the agreement was a genuine agreement, whether it had been made in good faith, and whether it was not misleading or deceptive. The court also needed to consider whether the agreement provided for a fair and reasonable method of determining the employment terms and conditions of the employees covered by the agreement. The applicant argued that the agreement met all of these criteria, and that it should be approved.

The court found that the agreement met the statutory criteria for approval. The court found that the agreement was a genuine agreement, and that it had been made in good faith and was not misleading or deceptive. The court also found that the agreement provided for a fair and reasonable method of determining the employment terms and conditions of the employees covered by the agreement. The court noted that the agreement had been negotiated between the applicant and the relevant union, and that it provided for a range of benefits for employees, including pay rates, leave entitlements, and other employment terms and conditions. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009, and approved the agreement.

The court made an order approving the Hydraulic & Pneumatic Pty Ltd Loy Yang A Power Station and Mine Technical Services Certified Agreement 2016-2019. The agreement was approved as a registered agreement for the purposes of the Fair Work Act 2009, and will apply to the employees covered by the agreement from 1 July 2016 until 30 June 2019. The applicant and the relevant union were directed to take all necessary steps to give effect to the agreement, and to ensure that it was complied with by all parties.

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