DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Employer Protect
(AG2019/2973)

HAYDOS LABOUR HIRE PTY LTD SINGLE ENTERPRISE AGREEMENT 2019 - 2022

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Haydos Labour Hire Pty Ltd Single Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Haydos Labour Hire Pty Ltd Single Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Employer Protect. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Employer Protect applied for the approval of the Haydos Labour Hire Pty Ltd Single Enterprise Agreement 2019 - 2022. This application was made under the Fair Work Act 2009. The agreement in question was the result of negotiations between Employer Protect and the applicant union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU sought to have the agreement registered, while Employer Protect argued that the agreement should not be approved due to several procedural and substantive issues.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether the agreement was in the best interests of the employees. The Commission needed to determine if the bargaining process was genuine and if the agreement provided adequate protections and benefits to the employees. Specifically, the issues focused on whether the agreement complied with the 'better off overall test' and if it contained appropriate provisions for employee entitlements and protections.

In delivering its decision, the Commission found that the agreement had been made through genuine bargaining and met the procedural requirements set out in the Act. The Commission also found that the agreement was in the best interests of the employees, as it provided a fair and reasonable outcome that was better off overall for the employees. The Commission noted the efforts made by both parties to reach a negotiated agreement and accepted that the agreement reflected the needs and circumstances of the employees. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant legislative requirements and in the interests of the employees.

The Fair Work Commission approved the Haydos Labour Hire Pty Ltd Single Enterprise Agreement 2019 - 2022, effective from 1 April 2019. The decision highlighted the importance of genuine bargaining and the need for agreements to provide fair and reasonable outcomes for employees. The Commission's approval of the agreement ensures that it will be binding on all employees covered by the agreement and will govern their terms and conditions of employment for the specified period.

Employer Protect

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established