DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro-Chem Pty. Ltd.
(AG2017/2123)

HYDRO-CHEM AND AWU ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	CANBERRA, 11 JULY 2017

Application for approval of the Hydro-Chem and AWU Enterprise Agreement 2016 - 2019.

[1] On 8 June 2017 Hydro-Chem Pty. Ltd. (Applicant) made an application for approval of the Hydro-Chem and AWU Enterprise Agreement 2016 – 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, The Australian Workers’ Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hydro-Chem Pty. Ltd. recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Hydro-Chem and AWU Enterprise Agreement 2016-2019. The parties involved were Hydro-Chem Pty. Ltd., the employer, and the Australian Workers' Union (AWU), representing the employees. The dispute centred on the proposed terms and conditions of employment as outlined in the enterprise agreement.

The central legal issues before the FWC were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the FWC had to determine if the agreement contained the necessary minimum terms and conditions, and if it was fair and reasonable for the employees involved. The court also considered the balance of power between the employer and the employees and the overall fairness of the agreement.

In its decision, the FWC carefully reviewed the contents of the enterprise agreement and the submissions from both Hydro-Chem and the AWU. The FWC found that the agreement satisfied the minimum terms and conditions required by the Fair Work Act. Additionally, the FWC concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. The FWC emphasised the importance of the balance of power and the overall fairness of the agreement in reaching its decision.

The FWC approved the Hydro-Chem and AWU Enterprise Agreement 2016-2019, confirming its compliance with the relevant legislative requirements. The decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between Hydro-Chem and its employees for the specified period.

Hydro-Chem 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