Hazeldine Pty Ltd T/A Hazeldine Summary

[2014] FWCA 876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldine Pty Ltd T/A Hazeldine
(AG2014/167)

HAZELDINE PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 CFMEU 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 CFMEU 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 CFMEU 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 approval of the BHP Billiton Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement. The dispute arose from the proposed establishment of a new mining project, requiring a collective agreement to govern the terms and conditions of employment for the workers involved. The application was brought before the Fair Work Commission, which is the body responsible for overseeing and approving such agreements under the Fair Work Act 2009 (Cth).

The legal issues before the Commission included whether the proposed agreement provided for appropriate processes for resolving enterprise-level issues, the balance of rights and obligations between the employer and employees, and whether the agreement met the procedural requirements for approval under the Fair Work Act. The Commission also needed to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act.

The Fair Work Commission considered the arguments presented by both parties and assessed the proposed agreement against the statutory criteria outlined in the Fair Work Act. The Commission found that the agreement provided for appropriate mechanisms for resolving enterprise-level issues and that the balance of rights and obligations was fair and reasonable. Additionally, the Commission determined that the agreement complied with the procedural requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the BHP Billiton Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement.

The final orders of the Fair Work Commission included the approval of the BHP Billiton Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement, which would govern the employment terms and conditions for the workers involved in the new mining project. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of registration.

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