DECISION

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

Hazell Bros. Resources Pty Limited
(AG2016/4794)

HAZELL BROS RESOURCES PTY LTD (TRADING AS HAZELL BROS) & AUSTRALIAN WORKERS UNION (SOUTH AUSTRALIAN BRANCH) PORT PIRIE ENTERPRISE AGREEMENT 2016-2019.

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 5 AUGUST 2016

Application for approval of the Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union (South Australian Branch) Port Pirie Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union (South Australian Branch) Port Pirie Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hazell Bros. Resources Pty Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2016 . The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

Hazell Bros Resources Pty Limited, trading as Hazell Bros, and the Australian Workers Union (South Australian Branch) sought approval of an enterprise agreement for the period 2016-2019. The Fair Work Commission heard the application. The primary legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with the good faith bargaining provisions and whether the agreement covered all necessary aspects of the employment relationship, including wages and conditions. The Court had to assess if the agreement provided fair and reasonable terms for employees and whether it was made without coercion or undue influence.

The Court examined the evidence and submissions from both parties. It found that the agreement was the result of genuine and good faith bargaining, as evidenced by the detailed records and communications between the parties. The agreement was deemed to cover all necessary terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Court was satisfied that the agreement provided fair and reasonable terms for employees and that it was not made under duress or undue influence. Consequently, the Court approved the enterprise agreement.

The Court's decision was grounded in the principle that enterprise agreements should promote fair and reasonable terms for employees, while also ensuring that employers can manage their businesses effectively. The agreement was seen to achieve this balance, providing a stable and predictable framework for the employment relationship. The Fair Work Commission's approval of the enterprise agreement allows both parties to operate under a clear and legally binding set of terms, promoting industrial harmony and reducing the likelihood of disputes.

The Fair Work Commission approved the Hazell Bros Resources Pty Limited & Australian Workers Union (South Australian Branch) Port Pirie Enterprise Agreement 2016-2019, effective from the date of the decision. This outcome provides certainty for both the employer and employees, allowing them to focus on their operations and employment relationship within the agreed framework.

Hazell Bros. Resources Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established