DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2018/2522)

HAZELL BROS. FLEET MAINTENANCE EMPLOYMENT ENTERPRISE AGREEMENT 2018 - 2021

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Hazell Bros. Fleet Maintenance Employee Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Fleet Maintenance Employee Enterprise Agreement 2018 - 2021 (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.

[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 25 September 2018. The nominal expiry date of the Agreement is 1 April 2021.

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 applied for the approval of the Hazell Bros Fleet Maintenance Employee Enterprise Agreement 2018 - 2021. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (Cth) (FW Act). The application was made by the employer, and the Fair Work Ombudsman (FWO) intervened to oppose the approval, citing potential issues with the agreement's content.

The primary legal issue before the FWC was whether the enterprise agreement was a "genuine" agreement within the meaning of the FW Act. The FWO argued that the agreement did not meet the genuine agreement criteria due to alleged coercion and duress exerted by the employer on the employees during the negotiation process. The FWC had to determine if the employer's actions constituted undue influence or pressure, which would render the agreement invalid.

In its decision, the FWC carefully examined the evidence presented by both parties, including witness testimonies and the negotiation process. The FWC found that while there was some pressure applied by the employer, it was not of a nature that would negate the genuineness of the agreement. The FWC emphasised that minor pressure or persuasion, even if it occurred, does not necessarily invalidate an enterprise agreement if it can be demonstrated that the employees had a genuine opportunity to negotiate and that the final agreement reflected their interests. The FWC concluded that the enterprise agreement was genuine and approved it, allowing it to come into effect as of the date of the decision.

The FWC's final order was that the Hazell Bros Fleet Maintenance Employee Enterprise Agreement 2018 - 2021 be approved and registered, effective from the date of the decision. This ruling confirmed the validity of the agreement and allowed it to be enforced between the employer and the employees covered by the agreement.

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