DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hall Contracting Pty Ltd
(AG2015/3077)

HALL GROUP CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 JULY 2015

Application for approval of the Hall Group Civil Construction Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 June 2015 by Hall Contracting Pty Ltd for the approval of a single-enterprise agreement known as the Hall Group Civil Construction Enterprise Agreement 2015 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Hall Contracting Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Hall Group Civil Construction Enterprise Agreement 2015. The applicant, Hall Contracting Pty Ltd, sought approval for the agreement which was intended to govern the terms and conditions of employment for workers within its enterprise. The dispute centred around the fairness and appropriateness of the proposed terms as they related to the workers' remuneration, conditions, and other employment-related matters.

The primary legal issues before the Commission involved assessing whether the agreement provided for terms and conditions that were fair and reasonable for the employees, as mandated by the Fair Work Act 2009. The Commission was required to examine the agreement to determine if it complied with the criteria for "better off overall and at least at least" as well as other statutory provisions concerning minimum entitlements and procedural fairness. Additionally, the Commission had to consider submissions from both the employer and the employees’ representatives to ensure that the agreement met the standards of procedural fairness and did not undermine the rights of the workers.

The Commission, after thoroughly reviewing the provisions of the agreement and the submissions from both parties, concluded that the Hall Group Civil Construction Enterprise Agreement 2015 did not meet the necessary criteria for approval. The Commission found that certain aspects of the agreement did not provide for terms and conditions that were fair and reasonable, particularly in relation to remuneration and conditions of employment. Consequently, the Commission decided not to approve the agreement. The reasoning provided by the Commission highlighted specific clauses that failed to align with the statutory requirements, thereby leading to the rejection of the proposed agreement.

The Commission's final orders included the refusal to approve the Hall Group Civil Construction Enterprise Agreement 2015, thereby leaving the existing enterprise agreements in place until a revised agreement meeting the statutory criteria could be proposed and approved. This decision underscores the importance of ensuring that all enterprise agreements are fair and reasonable for both employers and employees, and that they comply with the relevant legislative provisions.

Hall Contracting Pty Ltd

DECISION

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