Hazell Bros Group Pty Limited T/A Hazell Bros Summary

[2014] FWCA 8618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Group Pty Limited T/A Hazell Bros
(AG2014/8040)

HAZELL BROS. GROUP PTY LIMITED CIVIL CONSTRUCTION EMPLOYEES TASMANIA AND CFMEU ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Hazell Bros. Group Pty Limited Civil Construction Employees Tasmania and CFMEU Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Group Pty Limited Civil Construction Employees Tasmania and CFMEU 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 28 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Group Pty Limited, trading as Hazell Bros, applied to the Fair Work Commission for the approval of the Hazell Bros Group Pty Limited Civil Construction Employees Tasmania and CFMEU Enterprise Agreement 2014-2017. The dispute involved the terms and conditions of employment for civil construction employees in Tasmania, as negotiated between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the proposed enterprise agreement complied with the Fair Work Act 2009 and should be certified as a registered agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including provisions for minimum wages and conditions, employee protections, and the process by which the agreement was negotiated and finalised. The Commission examined the bargaining process, the fairness of the terms, and whether the agreement provided for the mandatory rights of employees as outlined in the Fair Work Act.

After thorough examination, the Fair Work Commission found that the enterprise agreement met all statutory requirements and was fair and reasonable in all its terms. The Commission noted that the agreement had been negotiated in good faith, provided for the mandatory rights of employees, and included provisions that were not less favourable than the applicable awards or the national employment standards. The Commission certified the agreement as a registered enterprise agreement, effective from the date of the approval decision.

The Commission's final order was the certification of the Hazell Bros Group Pty Limited Civil Construction Employees Tasmania and CFMEU Enterprise Agreement 2014-2017 as a registered agreement, effective from the date of the decision. This certification ensures that the terms of the agreement are binding on the parties and enforceable under the Fair Work Act.

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