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

[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

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Hazell Bros Resources Pty Limited, trading as Hazell Bros Group Pty Limited, sought approval for the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2022-2025 from the Fair Work Commission. The primary dispute revolved around the validity and fairness of the proposed enterprise agreement, specifically addressing terms and conditions of employment, remuneration, and other workplace-related matters.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it met the criteria for being a "better off overall test", and if it complied with the Fair Work Act 2009. The Commission also had to consider if the agreement adequately addressed the interests of both the employer and employees, and whether it contained appropriate mechanisms for resolving disputes in the future.

In evaluating these issues, the Commission found that the agreement had been negotiated in good faith and satisfied the "better off overall test". The terms were deemed fair and reasonable, taking into account the economic context and the specific needs of the industry. The Commission also noted that the agreement included provisions for dispute resolution, which were considered adequate to address any future workplace issues. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be in compliance with the relevant legislative requirements and fair to all parties involved.

The Commission's decision was grounded in its assessment that the agreement promoted a fair and balanced approach to employment relations, providing stability and predictability for both the employer and the employees. The approval of the enterprise agreement was seen as a constructive step towards maintaining harmonious industrial relations within the quarrying sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established