Hacer Australia Pty Ltd

[2024] FWCA 3313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hacer Australia Pty Ltd

(AG2024/3103)

HACER AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 SEPTEMBER 2024

Application for approval of the Hacer Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Hacer Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 – 2027 (Agreement). The application was made by Hacer Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hacer Australia Pty Ltd was the applicant in this case, seeking approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval. The nature of the dispute involved the specifics of the agreement's provisions, including employee entitlements, working conditions, and dispute resolution mechanisms. The court was required to assess whether the agreement was fair and reasonable, as required by the Fair Work Act 2009.

The legal issues before the court included the interpretation of the fairness test under the Fair Work Act, the adequacy of the agreement's provisions for employee protection and representation, and the balance between the parties' bargaining power. The court had to consider whether the agreement met the criteria for approval, including whether it provided for a fair and reasonable outcome for the employees and whether it was negotiated in good faith. The court also needed to ensure that the agreement did not disadvantage employees or employers disproportionately.

The court found that the enterprise agreement met the necessary criteria for approval. It determined that the agreement was fair and reasonable, providing for adequate employee entitlements and protections. The court found that the agreement was negotiated in good faith and that the provisions were balanced and did not disproportionately disadvantage either party. The agreement was found to meet the legal standards set out in the Fair Work Act, including the fairness test and the good faith requirement. As a result, the court approved the Hacer Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 to 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established