Hazell Bros Resources Pty Limited T/A Hazell Bros

[2019] FWCA 6915

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros

(AG2019/2738)

Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union Port Pirie Enterprise Agreement 2019 - 2022

Road transport industry
Commissioner Gregory	MELBOURNE, 7 OCTOBER 2019

Application for approval of the Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union Port Pirie Enterprise Agreement 2019 - 2022.

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 Port Pirie Enterprise Agreement 2019 - 2022 (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.

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 14 October 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazell Bros Resources Pty Limited, trading as Hazell Bros, applied to the Fair Work Commission for the approval of their Enterprise Agreement with the Australian Workers Union for the period 2019 to 2022. The dispute centred on whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The court had to determine if the agreement met the criteria for being a "single interest" enterprise agreement and whether it contained mandatory terms that complied with the Fair Work Act.

The legal issues the court was required to decide involved the interpretation of the Fair Work Act, specifically sections related to the approval process for enterprise agreements and the mandatory terms that must be included. The court examined whether the agreement genuinely represented the interests of the employees and if it contained all the mandatory terms required by the Act. Additionally, the court needed to consider whether any provisions in the agreement were unfair or discriminatory.

The Fair Work Commission found that the agreement met the criteria for a "single interest" enterprise agreement as it was made between the employer and the union, and it represented the interests of the employees. The Commission confirmed that all mandatory terms required by the Fair Work Act were included in the agreement. However, the Commission did not approve certain provisions that were deemed unfair or discriminatory. The Commission concluded that, despite these issues, the overall agreement was in the best interests of the employees and approved it with modifications to remove the problematic provisions.

The final orders of the Commission included the approval of the Enterprise Agreement with modifications to exclude the unfair and discriminatory terms. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and that the parties implement the modified terms as soon as practicable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established