Hazell Bros Group Pty Ltd

[2013] FWCA 9801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Group Pty Ltd
(AG2013/10196)

HAZELL BROS GROUP PTY LTD AND AUSTRALIAN WORKERS UNION QUARRYING EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Hazell Bros Group Pty Ltd and Australian Workers Union Quarrying Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Hazell Bros Group Pty Ltd and Australian Workers Union Quarrying Employees Enterprise Agreement 2013 - 2016 (the Agreement). The application was made by Hazell Bros Group Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2013. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Group Pty Ltd, together with the Australian Workers Union, applied for approval of their enterprise agreement. The application was heard by the Fair Work Commission, which was required to assess whether the agreement met the statutory requirements for approval. The legal issues before the Commission were whether the agreement was fairly negotiated, contained the mandatory terms, and was in the best interests of the employees.

The Fair Work Commission found that the agreement had been fairly negotiated and contained all the mandatory terms. However, the Commission identified a potential issue with the agreement's provisions on shift patterns and overtime, which could lead to excessive working hours and fatigue. The Commission sought submissions from the parties on this matter and considered the potential impact on employee health and safety. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees, taking into account the need to balance the interests of the employer and employees.

The Fair Work Commission approved the Hazell Bros Group Pty Ltd and Australian Workers Union Quarrying Employees Enterprise Agreement 2013 - 2016, subject to certain modifications to address the concerns raised about shift patterns and overtime. These modifications included setting maximum weekly hours and providing additional rest breaks for employees working long shifts. The Commission noted that the modifications would help to ensure that the agreement did not compromise employee health and safety, while still allowing for a fair and reasonable balance of interests between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established