DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Group Pty Limited
(AG2015/2784)

FLEET MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2015-2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 26 MAY 2015

Application for approval of the Fleet Maintenance Employee Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Fleet Maintenance Employee Enterprise Agreement 2015-2018 (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. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 26 May 2015 and, in accordance with s.54 of the Act, will operate from 2 June 2015. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Group Pty Limited applied to the Fair Work Commission for approval of the Fleet Maintenance Employee Enterprise Agreement 2015-2018. The dispute centred around the compliance of the proposed agreement with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with determining whether the agreement met the legislative requirements and was fair and reasonable in terms of the conditions it imposed on employees.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory provisions regarding enterprise agreements and whether it was fair and reasonable. This involved examining the agreement's provisions, considering submissions from both the employer and the employees, and ensuring that the agreement adhered to the criteria set forth in the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission also needed to assess whether the agreement was genuinely negotiated between the employer and the employees or their representatives.

After reviewing the agreement and the submissions from both parties, the Commission determined that the proposed agreement complied with the relevant legislation and was fair and reasonable. The Commission found that the agreement contained all the necessary mandatory terms, was negotiated in good faith, and provided for a fair and reasonable resolution of the employees' conditions. Consequently, the Commission approved the Fleet Maintenance Employee Enterprise Agreement 2015-2018. The approval was effective from the date of the decision, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship between the employer and the employees for the specified period.

Hazell Bros Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established