Allied Entities Pty Ltd atf Allied Entities Unit Trust T/A Mick Hogan Excavations and Poly Irrigation Summary

[2024] FWCA 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allied Entities Pty Ltd atf Allied Entities Unit Trust T/A Mick Hogan Excavations and Poly Irrigation

(AG2024/2368)

MICK HOGAN EXCAVATIONS AND POLY IRRIGATION ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 JULY 2024

Application for approval of the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Allied Entities Pty Ltd atf Allied Entities Unit Trust T/A Mick Hogan Excavations and Poly Irrigation. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 27 May 2024 and the Agreement was made on 21 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 11 July 2024 and, in accordance with s.54 of the Act, will operate from 18 July 2024. The nominal expiry date of the Agreement is 10 July 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Allied Entities Pty Ltd, trading as Mick Hogan Excavations and Poly Irrigation, an application was made to the Fair Work Commission for approval of the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2024. The applicant sought to have the agreement, which was intended to govern the employment terms of the company's employees, approved and registered under the Fair Work Act 2009. The nature of the dispute centred around the fairness and adequacy of the proposed agreement in terms of the rights and protections it afforded to the employees.

The primary legal issues the court was required to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act, particularly whether it provided for minimum terms and conditions, and whether it had been genuinely bargained between the employer and the employees. The court also needed to determine if the agreement contained any provisions that were contrary to public policy or otherwise invalid.

The court examined the agreement to ensure it provided for minimum entitlements such as the national minimum wage, leave entitlements, and other conditions as stipulated by the Fair Work Act. It also assessed the process by which the agreement was negotiated to confirm it was genuinely bargained. The court found that the agreement met all the statutory requirements and was a genuine bargain between the parties. The terms of the agreement were considered fair and reasonable, providing adequate protection for the employees while also being beneficial to the employer. Consequently, the court approved the agreement for registration.

The final orders of the court were that the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms of the employees in accordance with the statutory framework provided by the Fair Work Act.

Allied Entities Pty Ltd atf Allied Entities Unit Trust T/A Mick Hogan Excavations and Poly Irrigation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established