Hazell Bros (QLD) Pty Ltd Summary

[2024] FWCA 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros (QLD) Pty Ltd

(AG2023/5400)

HAZELL BROS NORTHERN REGIONS EMPLOYEE ENTERPRISE AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 JANUARY 2024

Application for approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Hazell Bros Northern Regions Employee Enterprise Agreement 2023-2026 (Agreement). The application was made by Hazell Bros (QLD) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 29 May 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazell Bros (QLD) Pty Ltd was the subject of an application for the approval of the Hazell Bros Northern Regions Employee Enterprise Agreement 2023 - 2026. The applicant sought the Fair Work Commission's approval of the agreement, which was made between the applicant and a number of its employees. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in accordance with the provisions of the Act, including whether it had been genuinely negotiated and contained the required minimum terms and conditions.

The Commission examined the evidence and submissions provided by the parties to assess the genuineness of the negotiation process and the compliance of the agreement with the statutory requirements. The applicant had to demonstrate that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The Commission also considered the views of the employees and the applicant, as well as the broader context of the industry and the economic environment. After careful consideration, the Commission was satisfied that the agreement was genuinely negotiated and complied with the legal requirements for approval.

The Fair Work Commission approved the Hazell Bros Northern Regions Employee Enterprise Agreement 2023 - 2026, finding that it met the necessary criteria under the Fair Work Act. The Commission noted that the agreement contained the required minimum terms and conditions and was in accordance with the provisions of the Act. The Commission also found that the negotiation process was genuine and that the agreement was fair and reasonable. The applicant and the employees could now proceed with the implementation of the agreement, which would govern their employment relationship for the specified period.

Hazell Bros (QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established