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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazell Bros Resources Pty Limited T/A Hazell Bros Group sought approval for the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2019-2022 from the Fair Work Commission (FWC). The applicant argued that the enterprise agreement should be approved as a registered agreement under the Fair Work Act 2009. The legal issues centred around whether the agreement met the statutory requirements for approval, specifically whether it complied with the procedural fairness requirements and substantive provisions of the Fair Work Act.

The FWC examined the agreement’s procedural fairness, considering whether it was made in good faith and whether the union had adequately represented the employees. The court assessed the agreement's substantive provisions to ensure they adhered to the Fair Work Act's standards, including minimum entitlements, and did not undermine the act's objectives. The FWC also considered submissions from the parties and the impact of the agreement on employees and the broader industry. Ultimately, the FWC concluded that the agreement met the necessary legal standards and approved it as a registered agreement.

The FWC found that the agreement was made in good faith and that the union had adequately represented the employees. The substantive provisions of the agreement were deemed to comply with the Fair Work Act, providing fair and reasonable terms and conditions for the employees. The FWC's decision was based on a thorough analysis of the procedural and substantive requirements of the Fair Work Act. The FWC approved the enterprise agreement, acknowledging the parties' efforts in reaching a mutually beneficial outcome.

The Fair Work Commission approved the Hazell Bros Group and Australian Workers Union Quarrying Employees Enterprise Agreement 2019-2022 as a registered agreement, recognising its compliance with the Fair Work Act and its positive impact on the employees and the industry.

Hazell Bros Resources Pty Limited T/A Hazell Bros Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established