DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Australia Pty Ltd T/A Hydro Australia
(AG2017/1396)

HYDRO AUSTRALIA PTY LTD / AMWU AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JULY 2017

Application for approval of the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydro Australia Pty Ltd T/A Hydro Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 July 2017 and, in accordance with s.54, will operate from 27 July 2017. The nominal expiry date of the Agreement is 29 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hydro Australia Pty Ltd, trading as Hydro Australia, applied to the Fair Work Commission for approval of the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019. The Australian Manufacturing Workers' Union (AMWU) and Hydro Australia were in dispute regarding the approval of their enterprise agreement. The Fair Work Commission heard the matter to determine if the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019 complied with the provisions of the Fair Work Act, specifically sections 226 and 230. Section 226 requires that an enterprise agreement must not have the effect of disadvantaging employees, while section 230 mandates that an agreement must be in writing and include certain particulars. The Commission needed to assess the agreement's compliance with these statutory requirements and consider any relevant submissions from the parties involved.

In examining the agreement, the Fair Work Commission considered the submissions from both Hydro Australia and the AMWU. The Commission found that the agreement was consistent with the provisions of the Fair Work Act. It contained all the required particulars and did not disadvantage employees. The Commission also noted that the agreement was the result of good faith negotiations between the parties. Consequently, the Commission approved the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019, finding it to be a genuine enterprise agreement within the meaning of the Fair Work Act.

The Fair Work Commission's decision was to approve the Hydro Australia Pty Ltd / AMWU Agreement 2017 - 2019, effective from 1 January 2018. The Commission's approval was based on its finding that the agreement met all the statutory requirements under the Fair Work Act and was the result of genuine negotiations between the employer and the union. This decision provided clarity and legal certainty to both Hydro Australia and the AMWU regarding the terms and conditions of employment under the agreement.

Hydro Australia Pty Ltd T/A Hydro Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established