The Huns Frenchs Forest Pty Ltd

[2013] FWCA 9036

FAIR WORK COMMISSION

DECISION

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

The Huns Frenchs Forest Pty Ltd
(AG2013/9765)

THE HUNS FRENCHS FOREST PTY LTD ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 18 NOVEMBER 2013

Application for approval of The Huns Frenchs Forest Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Huns Frenchs Forest Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Huns Frenchs Forest Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] 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 18 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Huns Frenchs Forest Pty Ltd was a party to an enterprise agreement that was to be approved by the Fair Work Commission. The applicant, The Huns Frenchs Forest Pty Ltd, sought approval of its 2013 Enterprise Agreement, which it had negotiated with its employees. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the body responsible for hearing and determining the application.

The central legal issues before the Commission involved whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it was made in good faith and without coercion. Specifically, the Commission needed to assess if the agreement appropriately covered all mandatory terms, was free from any unfair content, and had been negotiated in a manner compliant with the Act. Additionally, the Commission had to consider whether the agreement facilitated the efficient operation of the business while ensuring fair treatment of employees.

The Fair Work Commission carefully examined the terms of the agreement and found that it comprehensively covered all mandatory terms required by the Act. The Commission also determined that the agreement had been negotiated in good faith, without any coercion, and did not contain any unfair provisions. The Commission concluded that the agreement was conducive to facilitating the efficient operation of the business and provided fair treatment to the employees. Consequently, the Commission approved the enterprise agreement, finding it met all necessary legal criteria.

The Fair Work Commission approved the enterprise agreement, allowing it to take effect as of the date of the decision. The agreement was deemed to be compliant with all statutory requirements under the Fair Work Act 2009, ensuring its enforceability and the rights of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established