DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldine Pty Ltd
(AG2014/7826)

HAZELDINE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Hazeldine Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldine Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazeldine Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 was approved on 19 November 2014 and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hazeldine Pty Ltd was the subject of an application for the approval of the Hazeldine Pty Ltd Enterprise Agreement 2014. The application was heard by the Fair Work Commission. The applicant, Hazeldine Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment within the company, specifically the proposed enterprise agreement.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for the minimum terms and conditions as outlined by the Act, and whether it had been fairly negotiated. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining provisions and if it appropriately balanced the interests of the employees and the employer.

In its decision, the Fair Work Commission determined that the proposed agreement satisfied the necessary statutory criteria. The Commission found that the agreement provided for all the minimum terms and conditions required by the Act. It was also satisfied that the agreement had been fairly negotiated in good faith. The Commission noted the efforts made by both parties to reach a consensus and acknowledged the compromise reached in the agreement. Consequently, the Commission approved the Hazeldine Pty Ltd Enterprise Agreement 2014.

The Fair Work Commission's approval of the agreement signifies a resolution to the dispute, providing a legally binding framework for the terms and conditions of employment within Hazeldine Pty Ltd. This decision ensures that the agreement is compliant with the requirements of the Fair Work Act and reflects a fair negotiation process.

Hazeldine Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established