Stephanie Bassett Summary

[2018] FWCA 4924

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Stephanie Bassett

(AG2018/1998)

Hussmann Australia Enterprise Agreement 2017-2020

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 23 AUGUST 2018

Application for approval of the Hussman Australia Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Hussmann Australia Enterprise Agreement 2017-202 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hussmann Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

30 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stephanie Bassett, in her capacity as a Fair Work Commissioner, dealt with an application for the approval of the Hussman Australia Enterprise Agreement 2017-2020. The dispute arose between Hussman Australia Pty Ltd and the Australian Manufacturing Workers' Union. The union sought approval for the enterprise agreement, which outlined the terms and conditions of employment for the employees covered by the agreement. Hussman Australia, on the other hand, contested the union's application, raising concerns about specific provisions within the agreement.

The central legal issues before the court involved whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the disclosure of certain financial information and the fairness of the terms and conditions set out in the agreement. The court had to determine whether the agreement was made in good faith and whether it provided for the proper regulation of workplace relations. Furthermore, the court considered whether the agreement met the statutory requirement of being in the best interests of the employees covered by it.

The court examined the evidence presented by both parties and assessed the terms of the agreement against the legislative framework. The court concluded that the agreement did not comply with the statutory requirement of being in the best interests of the employees. The court found that certain provisions of the agreement did not adequately address the interests of the employees, particularly in relation to the disclosure of financial information. The court determined that the agreement did not provide for the proper regulation of workplace relations as required by the Fair Work Act. Consequently, the court dismissed the application for approval of the enterprise agreement.

In light of the findings, the court did not grant approval to the Hussman Australia Enterprise Agreement 2017-2020. The court's decision was based on the conclusion that the agreement did not meet the statutory requirements of the Fair Work Act, and as such, it was not in the best interests of the employees. The court's dismissal of the application highlights the importance of ensuring that enterprise agreements comply with the legislative framework and adequately address the interests of the employees they cover.

Stephanie Bassett

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established