DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydrocut Solutions Pty Ltd
(AG2018/249)

HYDROCUT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2018

Application for approval of the Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydrocut Solutions Pty Ltd. 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, 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] The Agreement was approved on 22 May 2018 and, in accordance with s.54, will operate from 29 May 2018. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hydrocut Solutions Pty Ltd recently appeared before the Fair Work Commission (FWC) to seek approval of their Enterprise Agreement 2018 - 2022. The application for approval involved two parties: Hydrocut Solutions Pty Ltd, the employer, and the Australian Manufacturing Workers' Union (AMWU), the registered trade union representing the employees. The crux of the dispute was whether the agreement met the statutory requirements under the Fair Work Act 2009 for an enterprise agreement to be formally approved. The FWC was tasked with determining whether the agreement adequately covered all the mandated minimum terms and conditions and whether the process followed in creating the agreement was procedurally fair and just.

The primary legal issues before the FWC included whether the Enterprise Agreement 2018 - 2022 complied with the minimum terms and conditions set out in the Fair Work Act. Additionally, the FWC had to assess if the agreement was made in good faith, if the appropriate consultation processes were followed, and if the agreement was made without coercion. The FWC also needed to consider submissions from both parties and any other relevant stakeholders to determine if the agreement met the requisite standards for approval.

The FWC conducted a thorough examination of the evidence presented by both Hydrocut Solutions Pty Ltd and the AMWU. The FWC found that the Enterprise Agreement 2018 - 2022 did indeed include all the mandated minimum terms and conditions as required by the Fair Work Act. Furthermore, the FWC concluded that the agreement was made in good faith, the consultation processes were adequate, and there was no evidence of coercion. The FWC was satisfied that the agreement reflected a fair and reasonable outcome for both parties and approved the Enterprise Agreement 2018 - 2022.

Hydrocut Solutions 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