DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hall Contracting Pty Ltd & Hall Plant Hire Pty Ltd
(AG2019/363)

THE HALL GROUP NON-PROPELLED DREDGES AND WORKSHOP ENTERPRISE AGREEMENT 2019

Dredging industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MARCH 2019

Application for approval of The Hall Group Non-Propelled Dredges and Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Hall Group Non-Propelled Dredges and Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hall Contracting Pty Ltd and Hall Plant Hire Pty Ltd as single interest employers (Employers). The agreement is a single enterprise agreement.

[2] The Employers have 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 Agreement was approved on 29 March 2019 and, in accordance with s.54, will operate from 5 April 2019. The nominal expiry date of the Agreement is 28 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Hall Contracting Pty Ltd & Hall Plant Hire Pty Ltd sought approval for their enterprise agreement, titled The Hall Group Non-Propelled Dredges and Workshop Enterprise Agreement 2019, from the Fair Work Commission. The dispute involved the procedural fairness of the negotiation process, the appropriateness of the agreement terms, and whether the agreement met the criteria for being made under a simplification declaration.

The central legal issues for the court were whether the enterprise agreement was genuinely negotiated, if it was made under the correct declaration, and if the process adhered to procedural fairness standards. The court needed to determine whether there was sufficient evidence of genuine negotiations and if the agreement was fair and reasonable in all its terms. Additionally, the court examined if the simplification declaration was correctly applied and if the agreement complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was indeed genuinely negotiated and made under a simplification declaration. The court was satisfied with the evidence presented, which demonstrated that the agreement was the result of proper and thorough negotiations. The agreement was considered fair and reasonable, meeting the statutory requirements. Consequently, the court approved the enterprise agreement.

The final order of the Fair Work Commission was that The Hall Group Non-Propelled Dredges and Workshop Enterprise Agreement 2019 be approved, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the relevant employees, subject to any applicable legislative requirements and further orders of the Commission.

Hall Contracting Pty Ltd & Hall Plant Hire 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