Hydraulic & Pneumatic Pty Ltd

[2013] FWCA 6984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hydraulic & Pneumatic Pty Ltd
(AG2013/8693)

HYDRAULIC AND PNEUMATIC PTY LTD WORKPLACE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 September 2013. The nominal expiry date for this Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hydraulic & Pneumatic Pty Ltd, sought approval of a workplace agreement from the Fair Work Commission. The agreement was for the period 2013-2016 and covered various employment terms and conditions for the company's employees. The applicant argued that the agreement was fairly and genuinely negotiated and met the requirements of the Fair Work Act 2009. The dispute arose when some employees raised objections to certain provisions in the agreement, leading to the application for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the Fair Work Act, and whether it met the requirements for fair and equitable terms and conditions. The Commission also needed to determine if the agreement was in the best interests of the employees and the company. The applicant had to demonstrate that the agreement was not disadvantageous to the employees and that the process of negotiation was fair and genuine.

The Fair Work Commission assessed the evidence and submissions provided by both parties. It examined the process of negotiation, the content of the agreement, and the potential impact on employees. The Commission considered whether the agreement provided a fair and equitable set of terms and conditions, taking into account the interests of both the employees and the employer. After thorough evaluation, the Commission concluded that the agreement met the necessary criteria and was in the best interests of all parties involved. The Commission approved the agreement, finding that it was fairly and genuinely negotiated and did not unfairly disadvantage any party.

The final orders of the Commission were that the Hydraulic and Pneumatic Pty Ltd Workplace Agreement 2013-2016 was approved as meeting the requirements of the Fair Work Act. The agreement was to be registered and enforceable, effective from the date of approval. This decision allowed the applicant to implement the agreed terms and conditions for the specified period, subject to compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established