Hazell Bros Resources Pty Limited T/A Hazell Bros Group

[2020] FWCA 1038

[2020] FWCA 1038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2020/350)

HAZELL BROS GROUP AND AUSTRALIAN WORKERS UNION QUARRYING EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2019-2022.

[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 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 Group. 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. Pursuant to s.201(3), 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement was approved on 25 February 2020 and, in accordance with s.54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

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Annexure A