DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hall Contracting Pty Ltd
(AG2018/5006)

HALL GROUP CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 APRIL 2019

Application for approval of the Hall Group Civil Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hall Group Civil Construction Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hall Contracting Pty Ltd. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hall Contracting Pty Ltd applied for the approval of the Hall Group Civil Construction Enterprise Agreement 2018. The applicants argued that the agreement was fit for purpose and met the requirements of the Fair Work Act 2009. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not provide adequate protections for employees and contained unfair terms.

The central legal issue before the commission was whether the agreement met the requirements of section 234 of the Act. This provision requires that an enterprise agreement must provide for fair and reasonable terms and conditions of employment, and that it must not contain any terms that are contrary to the public interest. The commission had to consider whether the agreement provided adequate protections for employees and whether it contained any unfair terms.

In determining the application, the commission considered the submissions of both parties and conducted a detailed analysis of the agreement. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any terms that were contrary to the public interest. The commission noted that the agreement provided for a range of protections for employees, including provisions for minimum wages, penalty rates, and leave entitlements. The commission also found that the agreement contained a number of provisions that were designed to promote productivity and efficiency in the workplace, and that these provisions were not unfair.

Following its analysis, the commission approved the Hall Group Civil Construction Enterprise Agreement 2018. The commission found that the agreement met the requirements of the Fair Work Act, and that it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement did not contain any terms that were contrary to the public interest. As a result, the agreement was approved and will apply to the employees covered by the agreement.

Hall Contracting 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