DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2017/4858)

HAZELL BROS. CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 APRIL 2018

Application for approval of the Hazell Bros. Concrete Employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Concrete Employees Enterprise Agreement 2017-2020 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Hazell Bros Resources Pty Limited T/A Hazell Bros Group. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 1 July 2020.

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 approval of the Hazell Bros Concrete Employees Enterprise Agreement 2017-2020. The application was heard by the Fair Work Commission (FWC), which was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute centred on whether the agreement provided for minimum wages and conditions, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, while the respondent contended that it did not provide for minimum wages and conditions and was made under duress.

The FWC considered whether the agreement complied with the requirements of the Fair Work Act, including the provision of minimum wages and conditions, and whether it was made in good faith. The applicant argued that the agreement provided for minimum wages and conditions, and that it was made in good faith. The FWC found that the agreement did not provide for minimum wages and conditions, and that it was not made in good faith due to the presence of duress. The FWC noted that the applicant had exerted significant pressure on the respondent to accept the terms of the agreement, which undermined the integrity of the bargaining process.

The FWC rejected the application for approval of the agreement, finding that it did not meet the statutory criteria. The FWC held that the agreement was not made in good faith due to the presence of duress, and that it did not provide for minimum wages and conditions. The FWC emphasised the importance of good faith bargaining and the need for agreements to be made without coercion. The FWC's decision highlights the importance of ensuring that enterprise agreements are made in a fair and transparent manner, and that they provide for minimum wages and conditions. The decision serves as a reminder to employers and employees of the importance of complying with the requirements of the Fair Work Act when negotiating and entering into enterprise agreements.

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