DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H2o Group (Aust) Pty Ltd T/A Hill Earthworks
(AG2017/5193)

H2O GROUP (AUST) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

Application for approval of the H2o Group (Aust) Pty Ltd enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the H2o Group (Aust) Pty Ltd enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H2o Group (Aust) Pty Ltd T/A Hill Earthworks. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the H2o Group (Aust) Pty Ltd enterprise agreement, specifically the 2017 version. This matter was heard by the Fair Work Commission, Australia's industrial relations tribunal. The applicant, H2o Group (Aust) Pty Ltd, sought to have the enterprise agreement recognised as meeting the legal standards for approval under the Fair Work Act 2009. The dispute arose from concerns regarding the fairness and compliance of the agreement with the relevant statutory requirements.

The legal issues central to this case centred on whether the enterprise agreement adequately addressed various employment conditions and whether it complied with the procedural and substantive fairness criteria stipulated under the Fair Work Act. The key focus was on whether the agreement was genuinely negotiated, the process followed in its negotiation, and if it provided a safety net for the employees that was no less favourable than the applicable award or registered agreement. The Commission also had to consider the views of the employees and any other relevant factors that might impact the fairness of the agreement.

The Fair Work Commission assessed the evidence provided and examined the provisions of the enterprise agreement against the legal standards. The Commission found that the agreement was genuinely negotiated, and the process followed was appropriate. The agreement was deemed to provide a safety net for the employees that met the statutory requirements. The views of the employees, as well as other relevant factors, were also taken into account, leading to the conclusion that the agreement was fair and met the criteria for approval. Therefore, the application was successful, and the enterprise agreement was approved.

The final orders of the Commission were that the H2o Group (Aust) Pty Ltd enterprise agreement 2017 be approved, effective from the date of the decision. This decision ensures that the agreement is legally binding and will govern the employment conditions of the employees covered by the agreement. The approval signifies that the agreement meets the necessary legal standards for fairness and compliance with the Fair Work Act.

H2o Group (Aust) Pty Ltd T/A Hill Earthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established