DECISION

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

Hazell Bros (QLD) Pty Ltd
(AG2020/3176)

HAZELL BROS NORTHERN REGIONS EMPLOYEE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 17 NOVEMBER 2020

Application for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Northern Regions Employee Enterprise Agreement 2020-2023 (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 (QLD) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses and undertakings sought from the Applicant. The Applicant provided responses and undertakings on 5 November 2020. Further concerns were raised and the Applicant provided further undertakings on 17 November 2020.

[3] Concerns with reference to annual leave and personal leave were raised as with the Applicant. In response, the Applicant provided a National Employment Standards (NES) precedence undertaking. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Subject to matters that have been addressed by way of 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. I am further satisfied that the undertakings given do not result in substantial change to the Agreement pursuant to s.190 of the Act, nor do they cause any financial detriment to any employee covered by the Agreement, and as such are capable of being accepted.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2020. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Hazell Bros (QLD) Pty Ltd, an employer in the construction industry, sought approval of a proposed enterprise agreement with their employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, where the CFMEU objected to the proposed agreement, raising concerns about certain terms and conditions. The Commission was required to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it was fair and reasonable in all its aspects.

In considering these issues, the Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. The Commission also reviewed the content of the agreement to ensure it included all required minimum terms and that these terms were fair and reasonable. The Commission assessed the agreement's impact on the employees and the employer, taking into account the broader economic and industrial context. After thorough consideration, the Commission found that the agreement was made in good faith, contained all necessary minimum terms, and was fair and reasonable. The Commission approved the proposed agreement.

The Fair Work Commission approved the Hazell Bros Northern Regions Employee Enterprise Agreement 2020-2023, finding it met the legal criteria under the Fair Work Act. The approved agreement will now govern the terms and conditions of employment for the employees of Hazell Bros (QLD) Pty Ltd in the Northern Regions for the period 2020 to 2023.

Hazell Bros (QLD) Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established