DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hacer Group Unit Trust T/A Hacer Group Pty Ltd
(AG2016/4785)

HACER GROUP UNIT TRUST T/AS HACER GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Hacer Group Unit Trust T/As Hacer Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Hacer Group Unit Trust T/As Hacer Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hacer Group Unit Trust T/As Hacer Group Pty Ltd. 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] The Construction, Forestry, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the Hacer Group Unit Trust, trading as Hacer Group Pty Ltd, sought approval for the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose due to disagreements between the employer and the union regarding the terms and conditions of employment within the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the procedural fairness and the substantive fairness of the agreement. The Commission needed to assess if the agreement was made in good faith, if the necessary steps for its formation were followed, and if it contained provisions that were fair and reasonable in the circumstances.

The Commission found that the agreement had been made in good faith and that all necessary procedural steps were followed. In terms of substantive fairness, the Commission considered the various provisions of the agreement and determined that, on balance, the agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate protections and benefits for employees, and that it did not contain any provisions that were unduly harsh, detrimental, or discriminatory. Accordingly, the Commission approved the agreement, finding that it met the legal requirements for approval under the Fair Work Act.

The Hacer Group Unit Trust T/A Hacer Group Pty Ltd is now permitted to implement the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 in accordance with the terms of the approved agreement. The Commission's decision provides certainty for both the employer and the employees covered by the agreement, ensuring that the terms and conditions of employment are governed by a legally recognised and approved enterprise agreement.

Hacer Group Unit Trust T/A Hacer Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established