FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros
(AG2020/3821)

HAZELL BROS CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2020 - 2023

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2021

Application for approval of the Hazell Bros Concrete Employees Enterprise Agreement 2020 - 2023

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Concrete Employees Enterprise Agreement 2020 - 2023 (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 T/A Hazell Bros. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2021. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2020/3821

Applicant:

Hazell Bros Resources Pty Limited

Undertaking- section 190

I, Jonathan Paul Schwaiger, Manager Employee Relations of Hazell Bros. Group Pty Limited give the following undertakings with respect to the Hazell Bros. Concrete Employees Enterprise Agreement 2020-2023 ("the Agreement"):

1. I have the authority given to me by Hazell Bros Group Pty Limited and Hazell Bros Resources Pty Limited to provide these undertakings in relation to this application before the Fair Work Commission.

2. The employer undertakes that the following clauses will operate subject to the National Employment Standards:

a) Clause 14.3; in that the entitlement to notice is amended to be in accordance with the NES and instant dismissal is only in relation to an employee whose employment is terminated because of serious misconduct as per the Fair Work Act 2009.

b) Clause 27; in that the entitlement is amended to be in accordance with the Award in relation to ‘the employer and an individual employee may agree to substitute a public holiday for another day’ (change from ‘by agreement of the majority of employees’).

3. Clause 24 Shifts: We undertake to apply the Award definition and loading(s) for shift work amended to: Afternoon Shift means a shift finishing after 6.30pm but not later than 12.30am paid at 120% of the ordinary rate: and Nights Shift means a shift which finishes after 12.30am and at or before 8.30am paid at 130% of the ordinary rate.

We provide our undertakings to the above.

Employer name: Hazell Bros. Resources Pty Limited

Authority to sign: Manager Employee RelationsSignature:

Date: 6 January 2020

Hazell Bros Resources Pty Limited, trading as Hazell Bros, applied to the Fair Work Commission for the approval of the Hazell Bros Concrete Employees Enterprise Agreement 2020 - 2023. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The dispute involved the terms and conditions of employment for employees within the concrete division of Hazell Bros.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009, including whether it provided for the employees' minimum entitlements and whether it was appropriately certified as a Simple Green Fields Agreement. The Commission also had to consider whether the AMWU's opposition to the agreement was valid and if the agreement met the criteria for being a genuine enterprise agreement.

The Commission found that the proposed agreement did meet the requirements of the Fair Work Act. It included all the minimum entitlements required by the Act, and the certification process was conducted in accordance with the relevant provisions. The Commission also determined that the AMWU's opposition did not undermine the validity of the agreement. The Commission approved the Hazell Bros Concrete Employees Enterprise Agreement 2020 - 2023, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Hazell Bros Concrete Employees Enterprise Agreement 2020 - 2023, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period.

Hazell Bros Resources Pty Limited T/A Hazell Bros

DECISION

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