Hazell Bros Resources Pty Limited

[2021] FWCA 785

[2021] FWCA 785

FAIR WORK COMMISSION

DECISION

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

Hazell Bros Resources Pty Limited
(AG2020/3959)

HAZELL BROS. CONSTRUCTION EMPLOYEES TASMANIA AND CFMMEU ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 FEBRUARY 2021

Application for approval of the Hazell Bros. Construction Employees Tasmania and CFMMEU Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Construction Employees Tasmania and CFMMEU Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hazell Bros Resources Pty Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 February 2021.

[3] On 15 February 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 February 2021. The undertaking deals with the following topics:

•  Clause 38(g) is amended to align with s.115(3) of the Actin relation to the substitution of public holidays by agreement between the Employer and employee,

•  Clause 39 is amended to align with s.87(1) of the Act so that annual leave is expressed in weeks rather than days,

•  Clause 40(d) is amended to align with s.107(3) of the Act, in relation to employees providing evidence of their entitlement to claim personal / carers leave,

•  Clause 5 is clarified to confirm that the relevant Award is incorporated into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy 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 this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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