Hazel Rock Civil Pty Ltd

[2022] FWCA 4001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazel Rock Civil Pty Ltd

(AG2022/4658)

Hazel Rock Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the Hazel Rock Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hazel Rock Civil Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazel Rock Civil Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers' 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.

The Agreement is approved and in accordance with s.54, will operate from 22 November 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazel Rock Civil Pty Ltd applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC) by the applicant, who sought to have an enterprise agreement it had negotiated with the Australian Workers’ Union (AWU) approved. The agreement, titled the Hazel Rock Civil Pty Ltd & The Australian Workers’ Union Agreement 2022, was intended to regulate the employment terms and conditions of employees working for Hazel Rock Civil Pty Ltd.

The primary legal issue before the FWC was whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved. This included assessing if the agreement contained the essential minimum terms, if it had been fairly and genuinely negotiated, and whether it complied with other statutory provisions. Additionally, the FWC needed to consider submissions from relevant stakeholders, including the parties involved and any other interested parties that had lodged objections or comments.

The FWC examined the content of the proposed agreement and the evidence presented by the parties. It considered the fairness of the terms, the process of negotiation, and compliance with the legislative framework. The FWC concluded that the agreement contained all the essential minimum terms, had been genuinely negotiated, and met the requirements of the Fair Work Act 2009. It found no significant issues with the agreement and determined that it was in the best interests of the employees and the employer. Consequently, the FWC approved the Hazel Rock Civil Pty Ltd & The Australian Workers’ Union Agreement 2022, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established