Hailer Solutions Pty Ltd T/A Hailer Training Summary

[2014] FWCA 1536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hailer Solutions Pty Ltd T/A Hailer Training
(AG2014/374)

HAILER SOLUTIONS PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 MARCH 2014

Hailer Solutions Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hailer Solutions Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not include a consultation term, the model consultation term 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 13
December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hailer Solutions Pty Ltd, trading as Hailer Training, brought a case against BHP Billiton Iron Ore Growth Projects Stage 1 and the Australian Workers' Union (AWU) Greenfields. The dispute centred around the interpretation of a clause in the AWU Greenfields Agreement. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was the interpretation of clause 18.2.1 of the AWU Greenfields Agreement, which was alleged to be ambiguous. Specifically, the court needed to determine whether the clause allowed Hailer Solutions to offer training services to workers employed by BHP Billiton. The agreement contained provisions regarding the provision of training services and the role of the union in facilitating such services. The disagreement arose from the interpretation of whether these provisions permitted Hailer Solutions to directly offer training to BHP Billiton's employees.

The court examined the language of the agreement and considered the context in which the clause was written. It found that the language of clause 18.2.1 was clear and unambiguous, indicating that Hailer Solutions could not offer training services to BHP Billiton's employees without the union's involvement. The court emphasised the importance of interpreting the agreement in line with the intentions of the parties as expressed in the document. Consequently, the court ruled in favour of BHP Billiton and the AWU, finding that Hailer Solutions was not permitted to directly offer training services to BHP Billiton's employees.

The court's decision was based on the clear language of the agreement and the intention of the parties. The court held that the clause did not permit Hailer Solutions to offer training services without the union's involvement. Therefore, Hailer Solutions' claim was dismissed, and the court found in favour of the respondents. The final orders were that Hailer Solutions pay the costs of the respondents.

Hailer Solutions Pty Ltd T/A Hailer Training

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established