Hawthorne Civil Pty Ltd Summary

[2021] FWCA 7090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawthorne Civil Pty Ltd
(AG2021/8520)

HAWTHORNE CIVIL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2021

Application for approval of the Hawthorne Civil Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Hawthorne Civil Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hawthorne Civil 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Hawthorne Civil Pty Ltd for the approval of their Enterprise Agreement 2021. The agreement sought to govern the employment terms of the company's employees and was subject to scrutiny to ensure compliance with the Fair Work Act 2009. The parties involved were Hawthorne Civil Pty Ltd, represented by counsel, and the union acting on behalf of the employees. The primary nature of the dispute revolved around the fairness and adequacy of the proposed terms and conditions outlined in the Enterprise Agreement.

The legal issues the court needed to address included whether the agreement met the "better off overall test" as stipulated by the Fair Work Act, ensuring that the employees were not disadvantaged by the agreement. Furthermore, the court had to determine if the agreement complied with the "genuine agreement" requirement, meaning that it was negotiated in good faith. The court also considered if the proposed changes adhered to the general protections and minimum standards set forth in the Fair Work Act, including minimum wages, maximum weekly hours, and other employment entitlements.

The Fair Work Commission, after examining the submissions and evidence presented by both parties, found that the Enterprise Agreement 2021 did indeed meet the better off overall test. The commission determined that the proposed changes provided sufficient benefits to the employees, outweighing any potential detriments. Additionally, the commission was satisfied that the agreement was a genuine one, negotiated in good faith. The terms and conditions set out in the agreement were found to be compliant with the general protections and minimum standards under the Fair Work Act. Consequently, the commission approved the Enterprise Agreement 2021, deeming it fair and balanced. The decision was made in the interests of promoting harmonious industrial relations and ensuring that the agreement would operate effectively for both the employer and the employees.

Hawthorne Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established