DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Entities Pty Ltd T/A M & K Hogan Family Trust T/A Mick Hogan Excavations and Hogan Poly Irrigation
(AG2016/2175)

MICK HOGAN EXCAVATIONS AND POLY IRRIGATION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Entities Pty Ltd T/A M & K Hogan Family Trust T/A Mick Hogan Excavations and Hogan Poly Irrigation. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 24 February 2016 and, in accordance with s.54, will operate from 2 March 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

Allied Entities Pty Ltd, trading as M & K Hogan Family Trust under Mick Hogan Excavations and Hogan Poly Irrigation, applied to the Fair Work Commission for the approval of the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2015. The applicants sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval under the Act, and whether it contained the necessary protections and entitlements for employees.

The Commission considered the provisions of the Fair Work Act and the principles established in relevant case law. The applicants argued that the agreement was fair and appropriate, and that it provided for adequate protections and benefits for employees. The Commission examined the contents of the agreement and found that it complied with the statutory requirements for approval. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other terms and conditions of employment. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both employers and employees.

Having considered the evidence and arguments presented, the Commission approved the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2015. The agreement was found to meet the requirements for approval under the Fair Work Act, and to provide for adequate protections and benefits for employees. The Commission noted that the agreement reflected the needs and interests of both employers and employees, and that it was a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the Mick Hogan Excavations and Poly Irrigation Enterprise Agreement 2015, effective from 1 July 2015. The agreement was found to comply with the requirements of the Fair Work Act, and to provide for adequate protections and benefits for employees. The Commission noted that the agreement had been negotiated in good faith, and that it reflected the needs and interests of both employers and employees. The approval of the agreement ensures that employees of the Mick Hogan Excavations and Poly Irrigation enterprise are covered by a fair and reasonable enterprise agreement, which provides for their rights and entitlements under the law.

Allied Entities Pty Ltd T/A M & K Hogan Family Trust T/A Mick Hogan Excavations and Hogan Poly Irrigation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established