DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros (QLD) Pty Ltd T/A Hazell Bros
(AG2017/6302)

HAZELL BROS NORTHERN REGIONS EMPLOYEE ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2018

Application for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Northern Regions Employee Enterprise Agreement 2017-2020 (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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazell Bros (QLD) Pty Ltd, trading as Hazell Bros, applied to the Fair Work Commission (FWC) for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2017-2020. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the proposed enterprise agreement. The legal issues before the Commission involved assessing whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for a direct or indirect agreement, the proper process for the agreement, and whether the agreement contained any unfair provisions.

The Commission began by examining the procedural aspects of the agreement, considering whether it was made in good faith and involved sufficient bargaining. The Commission found that the agreement was made in good faith and that there was sufficient bargaining, satisfying the requirements of section 228 of the Act. The Commission also examined the content of the agreement, including the terms and conditions of employment, to determine whether they were fair and reasonable. The Commission found that the terms and conditions of employment in the proposed agreement were fair and reasonable, and that the agreement met all the requirements for approval under the Fair Work Act. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Hazell Bros Northern Regions Employee Enterprise Agreement 2017-2020, subject to certain modifications. The modifications related to the calculation of penalty rates for certain shifts and the provision of unpaid parental leave. The Commission considered these modifications necessary to ensure that the agreement complied with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The approved agreement will now apply to the employees covered by the agreement, providing them with a fair and reasonable enterprise agreement for the period 2017-2020.

Hazell Bros (QLD) Pty Ltd T/A Hazell Bros

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established