Hazell Bros Group Pty Limited T/A Hazell Bros Summary

[2014] FWCA 8311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Group Pty Limited T/A Hazell Bros
(AG2014/7914)

HAZELL BROS. CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Hazell Bros. Concrete Employees Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Concrete Employees Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazell Bros Group Pty Limited T/A Hazell Bros. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 1 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazell Bros Group Pty Limited, trading as Hazell Bros, applied for approval of the Hazell Bros Concrete Employees Enterprise Agreement 2014-2017 before the Fair Work Commission. The applicants, Hazell Bros, sought to have the proposed agreement approved as a modern award under the Fair Work Act 2009. The legal issues before the commission included whether the proposed agreement complied with the procedural and substantive requirements of the act, including whether it contained the minimum entitlements specified by the act and whether it had been negotiated in good faith.

The commission found that the agreement did not comply with the procedural requirements of the act as it had not been negotiated in good faith. The applicants had failed to provide the necessary information to the employees' representative and had not made a genuine attempt to reach an agreement. The commission also found that the agreement did not meet the substantive requirements of the act as it did not include the minimum entitlements for employees. The commission approved the agreement with modifications to ensure that it met the minimum entitlements and procedural requirements of the act.

The final orders of the commission included the approval of the Hazell Bros Concrete Employees Enterprise Agreement 2014-2017 with modifications to ensure compliance with the act. The modifications included the inclusion of minimum entitlements for employees and the establishment of a process for good faith negotiation between the parties. The commission also ordered that the applicants provide the necessary information to the employees' representative and make a genuine attempt to reach an agreement in the future.

Hazell Bros Group Pty Limited T/A Hazell Bros

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established