Hazell Bros Resources Pty Limited T/A Hazell Bros Group Pty Limited

[2024] FWCA 4488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros Group Pty Limited

(AG2024/4039)

FLEET MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 16 DECEMBER 2024

Application for approval of the Fleet Maintenance Employees Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the Fleet Maintenance Employees Enterprise Agreement 2024 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hazell Bros Resources Pty Limited (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 23 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

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 Pty Limited, applied to the Fair Work Commission for the approval of the Fleet Maintenance Employees Enterprise Agreement 2024 – 2027. The dispute arose from the submission of the agreement, which sought to regulate the terms and conditions of employment for fleet maintenance employees within the company. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues involved whether the agreement complied with the statutory requirements set out in the Fair Work Act, including the provisions relating to coverage, bargaining, and the good faith obligations of the parties. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it was free from any improper influence or interference, and if it complied with the procedural prerequisites for enterprise agreements. Additionally, the Commission examined whether the agreement met the "better off overall test," ensuring that the employees would be no worse off financially and had at least maintained their existing entitlements.

In its decision, the Fair Work Commission thoroughly reviewed the evidence and submissions presented by both parties. The Commission found that the agreement had been made in good faith and was free from any improper influence or interference. It was determined that the agreement complied with all necessary procedural requirements and that it met the better off overall test. The Commission concluded that the proposed agreement was fair and appropriate, taking into account the specific circumstances of the parties and the employees involved. Consequently, the Commission approved the Fleet Maintenance Employees Enterprise Agreement 2024 – 2027.

The Fair Work Commission ordered that the Fleet Maintenance Employees Enterprise Agreement 2024 – 2027 be approved and registered, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of the relevant employees for the specified period, subject to the provisions of the Fair Work Act and any applicable laws. The decision provided clarity and certainty for the parties involved, allowing the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established