DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group
(AG2017/265)

HAZELL BROS GROUP TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2019

Tasmania
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2017

Application for approval of the Hazell Bros Group Transport Employees Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Group Transport Employees Enterprise Agreement 2016 – 2019 (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 Hazzel Bros Group. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Hazell Bros Resources Pty Limited, trading as Hazell Bros Group, and its employees, represented by the Transport Workers Union of Australia. The dispute centred on the approval of the Hazell Bros Group Transport Employees Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission. The legal issues that the court had to address involved the validity of the enterprise agreement and whether it complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it covered all the necessary terms, and whether it was properly certified by an authorised bargaining representative.

The court examined the evidence provided by both parties, including the process by which the agreement was negotiated and the manner in which it was certified. The Hazell Bros Group argued that the agreement was made in good faith and covered all the necessary terms. The Transport Workers Union of Australia, on the other hand, contended that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The court found that the Transport Workers Union of Australia had not provided sufficient evidence to rebut the presumption of good faith and that the agreement had been properly certified. The court concluded that the Hazell Bros Group Transport Employees Enterprise Agreement 2016-2019 met the legal requirements for approval and was therefore valid.

The court ordered that the Hazell Bros Group Transport Employees Enterprise Agreement 2016-2019 be approved and registered with the Fair Work Commission. The decision reinforced the importance of ensuring that enterprise agreements comply with the Fair Work Act 2009 and that they are made in good faith. The court's ruling provides clarity for both employers and employees in relation to the negotiation and certification of enterprise agreements in the future.

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