DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2017/5996)

HAZELL BROS. CONSTRUCTION EMPLOYEES TASMANIA AND CFMEU ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Hazell Bros. Construction Employees Tasmania and CFMEU Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Construction Employees Tasmania and CFMEU 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] The Applicant 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 Construction, Forestry, Mining and Energy Union 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 is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

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 to the Fair Work Commission for approval of the Hazell Bros Construction Employees Tasmania and CFMEU Enterprise Agreement 2017 - 2020. The dispute arose as the applicant sought to have the agreement registered under the Fair Work Act 2009, which would give it legal force. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement did not meet the requirements for approval under the Act.

The central legal issue before the commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act, including whether it contained the necessary minimum terms and conditions and whether it was made in good faith and without coercion. The commission examined the contents of the agreement, the process by which it was negotiated, and the arguments presented by both parties. The commission also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes between the employer and employees.

In its decision, the commission found that the proposed enterprise agreement did not meet the statutory requirements for approval. The commission noted that the agreement did not include all of the mandated minimum terms and conditions and that it contained provisions that were not compliant with the Act. Furthermore, the commission found that the process by which the agreement was negotiated did not meet the requirements for good faith bargaining. As a result, the commission refused to approve the agreement. The applicant has the right to appeal the decision to the Federal Court of Australia.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements comply with the statutory requirements of the Fair Work Act. Employers and unions must ensure that any proposed agreement includes all mandated minimum terms and conditions and is negotiated in good faith. Failure to do so may result in the agreement being refused approval, which can have significant implications for both parties.

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