H-E Parts International Mining Solutions Pty Ltd

H-E PARTS INTERNATIONAL MINING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2025 - 2029

Application for approval of the H-E Parts International Mining Solutions Pty Ltd Enterprise Agreement 2025 - 2029.

[1] H-E Parts International Mining Solutions Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as H-E Parts International Mining Solutions Pty Ltd Enterprise Agreement 2025 - 2029 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] The Employer supplied a revised signature page. I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of any signatory's previous failure to provide their state or postcode.

[3] The Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[4] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has given a written undertaking in accordance with section 190 of the Fair Work Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[6] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a declaration in the prescribed form[2] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AMWU.

[8] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 2 April 2030.

[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].

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