Hazell Bros Resources Pty Limited Limited T/A Hazell Bros Group Pty Limited

[2023] FWCA 129

[2023] FWCA 129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros Resources Pty Limited  Limited T/A Hazell Bros Group Pty Limited

(AG2022/5374)

HAZELL BROS GROUP AND AUSTRALIAN WORKERS UNION QUARRYING EMPLOYEES ENTERPRISE AGREEMENT 2022 - 2025

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2023

Application for approval of the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2022 - 2025

1. An application has been made for approval of an enterprise agreement known as the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2022 - 2025 (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 Resources Pty Limited  Limited T/A Hazell Bros Group Pty Limited. The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights distributed in relation to this Agreement was not in its prescribed form as required by s.174(1A) of the Act due to its inclusion of the company logo. I am satisfied this is a minor or technical error and will exercise my discretion conferred by s.188(2) of the Act to allow for this irregularity.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2023. The nominal expiry date of the Agreement is 1 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518880  PR749652>

Annexure A