Hazeldine Pty Ltd T/A Hazeldine Summary

[2014] FWCA 894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldine Pty Ltd T/A Hazeldine
(AG2014/165)

HAZELDINE PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 FEBRUARY 2014

Application for approval of the Hazeldine Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldine Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[6] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldine Pty Ltd, trading as Hazeldine, applied to the Fair Work Commission for the approval of a new enterprise agreement, the BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement. The application was made under the Fair Work Act 2009 and involved the negotiation of a new agreement between Hazeldine and the Australian Manufacturing Workers' Union (AMWU). The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act, including whether it was a "direct substitution" of the existing agreement, whether it was "genuinely agreed", and whether it contained the necessary provisions for "no disadvantage" and "better off overall".

The Commission considered the submissions from both parties and examined the terms of the proposed agreement. It was determined that the agreement was a direct substitution of the existing agreement, which was necessary for the approval process. The Commission found that the agreement was genuinely agreed upon, as evidenced by the negotiation process and the support of the union. Furthermore, the agreement contained the required "no disadvantage" and "better off overall" provisions, ensuring that the employees would not be worse off and would benefit overall from the new terms. The Commission approved the agreement, highlighting the importance of the negotiation process and the benefits provided to the employees.

The final orders included the approval of the BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement, which was to be implemented as of the agreed date. The agreement was to replace the existing enterprise agreement and would be binding on all parties until the next scheduled negotiation. The Commission's decision underscored the importance of a fair and transparent negotiation process and the need for enterprise agreements to provide genuine benefits to employees.

Hazeldine Pty Ltd T/A Hazeldine

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established