Hazell Bros Group Pty Ltd Summary

[2014] FWCA 6333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hazell Bros Group Pty Ltd
(AG2014/7041)

HAZELL BROS NORTHERN REGIONS EMPLOYEE ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 SEPTEMBER 2014

Application for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2014-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 August 2014 by Hazell Bros Group Pty Ltd for the approval of a single-enterprise agreement known as the Hazell Bros Northern Regions Employee Enterprise Agreement 2014-2017(“the Agreement”).

[2] On 10 September 2014, the Employer provided 2 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Hazell Bros Group Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2014-2017. The respondent, Northern Rivers Area Health Service, contested the application on the basis that certain provisions of the agreement did not meet the legal requirements for an enterprise agreement under the Fair Work Act 2009. The case centred around whether the agreement contained necessary provisions regarding pay rates, penalty rates, and other employment conditions, and whether these provisions complied with the relevant statutory standards.

The primary legal issue before the Commission was whether the agreement contained sufficient and compliant provisions relating to pay rates, penalty rates, and other employment conditions as required by the Fair Work Act. The Commission had to determine if the agreement met the necessary standards and if it provided for minimum rates of pay, classification of employees, and appropriate penalty rates, as well as other employment terms and conditions. The Commission also had to consider if the agreement adhered to the provisions of the Fair Work Act regarding the approval of enterprise agreements.

In its decision, the Fair Work Commission found that the agreement did not meet the requirements of the Fair Work Act as it did not contain provisions for minimum rates of pay, classification of employees, and penalty rates. The Commission concluded that the agreement failed to provide for adequate minimum pay rates and did not classify employees appropriately. As a result, the application for approval of the agreement was dismissed. The Commission highlighted that enterprise agreements must contain necessary provisions that comply with the statutory standards and provide for the essential terms and conditions of employment.

The final order of the Fair Work Commission was that the application for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2014-2017 be dismissed. The Commission directed the parties to negotiate and finalise an agreement that met the legal requirements and provided for the necessary terms and conditions of employment. This decision underscores the importance of ensuring that enterprise agreements contain compliant provisions and meet the statutory standards under the Fair Work Act.

Hazell Bros Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established