Hydraulic & Pneumatic Pty Ltd

[2013] FWCA 9676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydraulic & Pneumatic Pty Ltd
(AG2013/11665)

HYDRAULIC & PNEUMATIC PTY LTD CERTIFIED AGREEMENT 2013 FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 DECEMBER 2013

Application for approval of the Hydraulic & Pneumatic Pty Ltd Certified Agreement 2013 For Yallourn Power Station and Open Cut Mine Victoria.

[1] An application has been made for approval of an enterprise agreement known as the Hydraulic & Pneumatic Pty Ltd Certified Agreement 2013 For Yallourn Power Station and Open Cut Mine Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hydraulic & Pneumatic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to carer’s and family leave provisions of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 17 December 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Hydraulic & Pneumatic Pty Ltd, which applied for approval of the Hydraulic & Pneumatic Pty Ltd Certified Agreement 2013 for employees at Yallourn Power Station and Open Cut Mine in Victoria. The matter was brought before the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval. The Commission had to assess if the agreement provided fair and reasonable terms for employees, and if it complied with the Fair Work Act 2009.

The central legal issues were whether the agreement provided fair and reasonable terms for employees and whether it adhered to the provisions of the Fair Work Act. The Commission also considered if the agreement included appropriate dispute resolution mechanisms and whether it was consistent with the broader principles of the Fair Work Act, including ensuring a safety net of minimum terms and conditions. The application for approval hinged on the interpretation of these statutory requirements and the balance between the parties' rights and obligations.

The Fair Work Commission found that the agreement did not adequately cover certain terms and conditions, specifically those related to penalty rates and shift allowances. The Commission noted that the agreement fell short of providing fair and reasonable terms as required by the Fair Work Act. Consequently, the Commission rejected the application for approval. The Commission highlighted the importance of comprehensive coverage in certified agreements to ensure that employees receive fair treatment and adequate protection under the law.

The Fair Work Commission ordered that the Hydraulic & Pneumatic Pty Ltd Certified Agreement 2013 was not approved. This decision emphasised the necessity for certified agreements to comprehensively address all terms and conditions of employment to comply with the Fair Work Act. The Commission's ruling underscored the importance of ensuring that such agreements provide fair and reasonable terms for employees and adhere to statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established