Hazell Bros Resources Pty Limited Trading As Hazell Bros Group

[2025] FWCA 2394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros Resources Pty Limited Trading As Hazell Bros Group

(AG2025/2191)

INDUSTRIAL SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2025 - 2028

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 JULY 2025

Application for approval of the Industrial Services Employees Enterprise Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Industrial Services Employees Enterprise Agreement 2025 - 2028 (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 Trading As Hazell Bros Group. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

I observe that clauses 34.4 and 35.2.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 25 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Resources Pty Limited, trading as Hazell Bros Group, sought approval of the Industrial Services Employees Enterprise Agreement 2025 - 2028 before the Fair Work Commission. The agreement sought to govern the terms and conditions of employment for industrial services employees of Hazell Bros Group. The applicants argued that the agreement provided for fair and reasonable terms, while objectors raised concerns about various provisions, including remuneration, penalty rates, and shift loading.

The primary legal issues before the Commission were whether the terms and conditions set out in the agreement were fair and reasonable, and whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009. In particular, the Commission considered the application of the "better off overall test" to ensure that employees would not be worse off financially under the new agreement. The Commission also examined the provisions related to penalty rates and shift loadings, and whether they were in line with industry standards and practices.

The Commission determined that the agreement met the requirements of the Act and passed the better off overall test. It found that the terms and conditions provided for in the agreement were fair and reasonable, and did not place employees in a position worse off than they would have been under the existing agreement. The Commission also concluded that the provisions regarding penalty rates and shift loadings were in line with industry standards and practices, and therefore did not warrant any changes. As a result, the Commission approved the Industrial Services Employees Enterprise Agreement 2025 - 2028, finding it to be fair and reasonable and compliant with the statutory requirements.

The final orders of the Commission included the approval of the Industrial Services Employees Enterprise Agreement 2025 - 2028, which would now govern the terms and conditions of employment for industrial services employees of Hazell Bros Group. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision. The objectors' concerns were addressed and resolved through the Commission's findings, and the agreement was deemed to be fair and reasonable for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established