The Huns Killara Pty Ltd

[2013] FWCA 9038

FAIR WORK COMMISSION

DECISION

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

The Huns Killara Pty Ltd
(AG2013/9766)

THE HUNS KILLARA PTY LTD ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 18 NOVEMBER 2013

Application for approval of the The Huns Killara Pty Ltd Enterprise Agreement 2013.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of The Huns Killara Pty Ltd involved an application for the approval of an enterprise agreement, specifically the The Huns Killara Pty Ltd Enterprise Agreement 2013. The applicant, The Huns Killara Pty Ltd, sought to have the agreement recognised and enforced, while the respondent, the employees represented by a union, contested certain provisions of the agreement.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The respondent argued that certain provisions of the agreement did not meet the "better off overall test" and were not fairly negotiated. The Commission had to determine if the agreement provided employees with no less favourable terms and conditions than they would have under the applicable award, and if the agreement was genuinely negotiated.

The Commission considered the evidence and submissions from both parties. It found that the agreement provided employees with no less favourable terms and conditions than they would have under the applicable award and that the provisions in question were genuinely negotiated. The Commission concluded that the agreement met the criteria for approval and ordered its registration. The decision was based on the Commission’s assessment of the overall fairness of the agreement and the negotiation process, taking into account the evidence presented by both parties. The Fair Work Commission approved the The Huns Killara Pty Ltd Enterprise Agreement 2013 and ordered its registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established