DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2019/4696)

HAZEL BROS GROUP TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2022

Road transport industry
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the Hazell Bros Group Transport Employees Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Group Transport 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. 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 11 February 2020. The nominal expiry date of the Agreement is 31 October 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 Group, applied for the approval of the Hazell Bros Group Transport Employees Enterprise Agreement 2019 - 2022. The application was before the Fair Work Commission. The dispute arose as the applicant sought to have the proposed enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and was intended to facilitate workplace relations.

The central legal issue was whether the agreement met the requirements for approval under section 234 of the Fair Work Act. This included examining whether the agreement was made in good faith, whether it facilitated the primary purpose of the Act, and whether it was appropriately certified as a simple, low-risk, or greenfields agreement. The Fair Work Commission considered submissions from both the applicant and the Transport Workers Union, which opposed the registration of the agreement on several grounds.

The Fair Work Commission determined that the proposed agreement did meet the criteria for approval. It was found that the agreement was made in good faith and facilitated the primary purpose of the Act. The Commission concluded that the agreement was appropriately certified as a simple agreement and did not present any significant risks to the workplace. The objections raised by the Transport Workers Union were considered but ultimately did not persuade the Commission to reject the application.

The Fair Work Commission approved the Hazell Bros Group Transport Employees Enterprise Agreement 2019 - 2022 as a registered agreement under the Fair Work Act. The agreement was to be registered with effect from the date of the Commission's decision, and it was to be given effect accordingly.

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