Trustee for Ernest Hillier Unit T/A Ernest Hillier Pty Ltd Summary

[2013] FWCA 2560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for Ernest Hillier Unit T/A Ernest Hillier Pty Ltd
(AG2013/946)

ERNEST HILLIER’S ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2013

Application for approval of the Ernest Hillier’s Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ernest Hillier’s 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 Trustee for Ernest Hillier Unit T/A Ernest Hillier Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. However, having considered the explanation provided by the Applicant, pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2013. The nominal expiry date of the Agreement is 16 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Trustee for Ernest Hillier Unit Trust, trading as Ernest Hillier Pty Ltd, and the Electrical Trades Union of Australia. The dispute pertained to the application for approval of the Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission had to assess the fairness of the agreement, including whether it provided for a proper balance between the interests of the employer and the employees. Additionally, the Commission examined whether the agreement had been made free from any undue influence or coercion.

In its decision, the Fair Work Commission found that the application for approval of the Enterprise Agreement 2013 was valid and should be registered. The Commission concluded that the agreement had been made in compliance with the procedural requirements of the Act, and it contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided for a fair balance of the interests of both parties and had been made without any undue influence or coercion. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission ordered that the Ernest Hillier Enterprise Agreement 2013 be registered, effective from the date of the decision. The registration of the agreement meant that it would become a legally binding document governing the employment terms and conditions for the relevant employees.

Trustee for Ernest Hillier Unit T/A Ernest Hillier Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established