DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazell Bros Resources Pty Limited T/A Hazell Bros.
(AG2021/5640)

HAZELL BROS. FLEET MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 29 JUNE 2021

Application for approval of the Hazell Bros. Fleet Maintenance Employees Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros. Fleet Maintenance Employees Enterprise Agreement 2021 - 2024 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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CaseChat Overview and Summary

Hazell Bros Resources Pty Limited, trading as Hazell Bros, applied to the Fair Work Commission for approval of the Hazell Bros Fleet Maintenance Employees Enterprise Agreement 2021-2024. The application was opposed by the Transport Workers Union. The dispute centred on the terms and conditions of employment for the fleet maintenance employees, as outlined in the proposed agreement. The Commission, in its decision, was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The key legal issues before the Commission were whether the agreement contained terms that were contrary to the Fair Work Act, and whether it provided for a fair and reasonable set of terms and conditions for the employees. The Commission considered the statutory requirements for enterprise agreements, including the need for genuine bargaining and the absence of provisions that were contrary to the public interest. The Commission also assessed the fairness of the proposed terms and conditions, taking into account the evidence presented by both parties.

The Fair Work Commission found that the Hazell Bros Fleet Maintenance Employees Enterprise Agreement 2021-2024 was in compliance with the statutory requirements and contained terms that were fair and reasonable. The Commission was satisfied that the agreement had been genuinely bargained for and did not include any provisions that were contrary to the public interest. The evidence presented by the parties indicated that the proposed terms and conditions were appropriate for the specific circumstances of the employees and the employer. Consequently, the Commission approved the agreement.

The Commission's final order was the approval of the Hazell Bros Fleet Maintenance Employees Enterprise Agreement 2021-2024, which is now a legally binding enterprise agreement between Hazell Bros Resources Pty Limited and the relevant employees. The agreement will govern the terms and conditions of employment for the fleet maintenance employees for the period from 2021 to 2024. The Transport Workers Union's opposition to the agreement was dismissed by the Commission.

Hazell Bros Resources Pty Limited T/A Hazell Bros.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established