DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Haines Group Pty Ltd ATF The Haines Group Trust
(AG2019/2404)

THE HAINES GROUP PTY LTD ATF THE HAINES GROUP TRUST ENTERPRISE AGREEMENT 2018.

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 NOVEMBER 2019

Application for approval of the Haines Group Pty Ltd ATF The Haines Group Trust Enterprise Agreement 2018.

[1] The Haines Group Pty Ltd ATF The Haines Group Trust (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as The Haines Group Pty Ltd ATF The Haines Group Trust Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 19 November 2019. The nominal expiry date of the Agreement is 14 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of The Haines Group Pty Ltd ATF The Haines Group Trust involved an application for the approval of an enterprise agreement. The dispute centred around the proposed terms and conditions of employment for employees within the company. The parties to the agreement were The Haines Group Pty Ltd, represented by its trustee, and the employees who would be subject to the agreement. The employees were represented by a relevant union.

The primary legal issue that the Commission needed to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining if the agreement contained the necessary provisions for minimum wages and conditions, if it was free from prohibited content, and if it complied with the procedural requirements for certification. The Commission also had to consider whether the agreement was in the best interests of the employees, particularly in terms of their wages and conditions of employment.

In examining these issues, the Commission considered various submissions and evidence from both parties. The company argued that the agreement provided fair and reasonable terms for both employees and the business. The union contended that certain provisions did not adequately protect employee interests and that the process for reaching the agreement was flawed. After a thorough review, the Commission found that the agreement generally met the statutory requirements and did not contain any prohibited content. The Commission also determined that the process for negotiating the agreement was procedurally sound and that the proposed terms were in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect.

The final orders of the Commission included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement would then govern the employment conditions of the employees covered by the agreement, subject to any variations that might be required under the Fair Work Act.

The Haines Group Pty Ltd ATF The Haines Group Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established