Hazeldine Pty Ltd Summary

[2013] FWCA 1975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldine Pty Ltd
(AG2013/14)

HAZELDINE PTY LTD (RH) ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 APRIL 2013

Application for approval of the Hazeldine Pty Ltd (RH) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldine Pty Ltd (RH) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldine Pty Ltd was the subject of an application to the Fair Work Commission (FWC) for approval of the Hazeldine Pty Ltd (RH) Enterprise Agreement 2012. The applicant, Hazeldine Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for employees of Hazeldine Pty Ltd, specifically whether the proposed agreement met the legal requirements for approval.

The primary legal issue before the FWC was whether the proposed agreement contained terms that were contrary to the public interest or not fairly negotiated, as required by the Fair Work Act. The FWC had to determine if the agreement was in the best interests of the employees and if it provided adequate protections and entitlements. Additionally, the FWC had to consider whether the agreement was negotiated fairly and in good faith, in accordance with the principles established by the Fair Work Act.

The FWC examined the terms of the proposed agreement and found that it did not contain any provisions that were contrary to the public interest. The FWC determined that the agreement was in the best interests of the employees, as it provided for adequate protections and entitlements. The FWC also found that the agreement was negotiated fairly and in good faith, meeting the requirements of the Fair Work Act. As a result, the FWC approved the Hazeldine Pty Ltd (RH) Enterprise Agreement 2012.

The FWC's final orders included the approval of the Hazeldine Pty Ltd (RH) Enterprise Agreement 2012, with the agreement to be registered and in effect from the date of the decision. The FWC's decision provided clarity for Hazeldine Pty Ltd and its employees regarding the terms and conditions of employment under the approved agreement.

Hazeldine Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established