Hayen Bros Pty Ltd

[2013] FWCA 2975

FAIR WORK COMMISSION

DECISION

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

Hayen Bros Pty Ltd
(AG2013/6361)

HAYEN BROS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 MAY 2013

Application for approval of the Hayen Bros Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hayen Bros Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hayen Bros Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

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

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hayen Bros Pty Ltd, sought the approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union Building and Construction Industry (CFMEU). The Fair Work Commission (FWC) was the respondent. The applicant's enterprise agreement sought to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The CFMEU opposed the approval of the agreement, arguing that it contained provisions that were not in the best interests of the employees.

The legal issues before the FWC were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the employees. The CFMEU contended that the agreement did not adequately protect employees' rights and interests, particularly in relation to wages and conditions. The applicant, on the other hand, argued that the agreement was fair and reasonable and in the best interests of the employees.

The FWC determined that the enterprise agreement was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees' wages and conditions. The FWC also noted that the agreement provided for an effective dispute resolution mechanism and that the applicant had demonstrated a genuine commitment to the agreement. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was therefore approved.

The FWC approved the Hayen Bros Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The approval was subject to certain conditions, including the requirement that the applicant provide the CFMEU with certain information and that the agreement be implemented in accordance with its terms. The CFMEU's application for the agreement to be disallowed was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established