Sah Pty Ltd atf The Harris Family Trust T/A Hartec

[2014] FWCA 4261

FAIR WORK COMMISSION

DECISION

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

Sah Pty Ltd atf The Harris Family Trust T/A Hartec
(AG2014/5829)

SAH PTY LTD ATF HARRIS FAMILY TRUST TA HARTEC ENTERPRISE AGREEMENT 2014 -2018

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 27 JUNE 2014

Application for approval of the Sah Pty Ltd atf Harris Family Trust ta Hartec Enterprise Agreement 2014- 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Sah Pty Ltd atf Harris Family Trust ta Hartec Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sah Pty Ltd atf The Harris Family Trust t/a Hartec (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 23 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187, 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sah Pty Ltd, trading as Hartec, brought an application to the Fair Work Commission for the approval of the Sah Pty Ltd atf Harris Family Trust t/a Hartec Enterprise Agreement 2014-2018. The applicant, represented by the employer, sought to have the agreement approved under the Fair Work Act 2009. The dispute arose as the applicant claimed that the agreement was fair and reasonable, while no party opposed the application. The Commission was required to determine if the agreement met the criteria for approval, including whether it provided for the pay and conditions of the employees, and whether it was procedurally fair.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. The Commission had to examine if the agreement contained the required minimum terms and conditions, and if it was made in accordance with the prescribed process. Additionally, the Commission considered whether the agreement promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission, after reviewing the evidence and submissions, found that the agreement met the statutory requirements for approval. The Commission confirmed that the agreement provided for the minimum terms and conditions as required by the Fair Work Act, and that the process of making the agreement was procedurally fair. The Commission also noted that the agreement promoted harmonious, productive and cooperative workplace relations, and was in the best interests of the employees. Consequently, the Commission approved the Sah Pty Ltd atf Harris Family Trust t/a Hartec Enterprise Agreement 2014-2018 under 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