DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The HDP (Vic) Trust T/A HDP (Vic) Pty Ltd
(AG2017/251)

HDP (VIC) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the HDP (Vic) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for The HDP (Vic) Trust T/As HDP (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 21 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustee for The HDP (Vic) Trust, trading as HDP (Vic) Pty Ltd, which sought approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2017. The application was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction to make binding decisions in relation to employment and workplace relations matters in Australia. The applicant was represented by counsel, while the respondents, including various unions and employees, were represented by their own legal representatives.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 for approval and whether it provided for minimum terms and conditions of employment that were no less favourable than the relevant industrial instrument. The Commission also considered whether the agreement had been made in accordance with the procedural requirements set out in the Act. The unions argued that the agreement did not provide for adequate protections for employees and that the consultation process was inadequate.

The Fair Work Commission found that the agreement met the requirements for approval under the Act and was in compliance with the relevant industrial instrument. The Commission noted that the agreement provided for terms and conditions of employment that were no less favourable than the relevant award and included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also found that the consultation process was sufficient to meet the requirements of the Act, despite some concerns raised by the unions. The Commission approved the agreement, subject to certain conditions and modifications to address some of the concerns raised by the respondents.

The final orders of the Commission included the approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2017, with modifications to certain provisions relating to shift penalties, overtime, and the calculation of penalty rates. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the applicant provide a copy of the agreement to all affected employees. The unions and employees were granted leave to appeal the decision to the Federal Court.

The Trustee for The HDP (Vic) Trust T/A HDP (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established