DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydraulic & Pneumatic Pty Ltd
(AG2015/5623)

HYDRAULIC & PNEUMATIC PTY LTD LOY YANG A POWER STATION AND MINE TECHNICAL SERVICES CERTIFIED AGREEMENT 2015-2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 OCTOBER 2015

Application for approval of the Hydraulic & Pneumatic Pty Ltd Loy Yang A Power Station and Mine Technical Services Certified Agreement 2015-2016.

[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 2015-2016 (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 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were Hydraulic & Pneumatic Pty Ltd, and a number of unions representing workers at the Loy Yang A Power Station and Mine. The dispute was whether the Federal Circuit Court should approve the 2015-2016 Technical Services Certified Agreement, which had been negotiated between the employer and the unions. The case was heard in the Federal Circuit Court of Australia.

The legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for a fair and efficient workplace, was free from coercive conduct, and included a process for resolving disputes. The court also needed to consider whether the agreement met the requirements for "better off overall" and "no worse off overall" for the employees.

The court found that the agreement met the criteria for approval. It was determined that the agreement provided for a fair and efficient workplace, was free from coercive conduct, and included a process for resolving disputes. The court also found that the agreement met the requirements for "better off overall" and "no worse off overall" for the employees. The court considered the evidence provided by both parties and found that the agreement was in the best interests of the employees.

The court approved the agreement, subject to certain conditions. These conditions included the establishment of a committee to oversee the implementation of the agreement, and the requirement that the employer and unions provide regular reports to the Fair Work Commission on the operation of the agreement. The court's decision was based on the evidence provided and the findings of the court that the agreement met the criteria for approval under the Fair Work Act 2009.

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