Hazell Bros Resources Pty Limited Summary

[2024] FWCA 3663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazell Bros Resources Pty Limited

(AG2024/3668)

HAZELL BROS CONSTRUCTION EMPLOYEES TASMANIA ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the Hazell Bros Construction Employees Tasmania Enterprise Agreement 2023-2027

Hazell Bros Resources Pty Limited has made an application for approval of an enterprise agreement known as the Hazell Bros Construction Employees Tasmania Enterprise Agreement 2023-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Resources Pty Limited applied to the Fair Work Commission for approval of the Hazell Bros Construction Employees Tasmania Enterprise Agreement 2023-2027. The applicants, Hazell Bros Resources Pty Limited, sought approval of the proposed agreement, while the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the requirement for genuine bargaining and the protection of employees' rights. The CFMEU argued that the agreement did not meet the criteria for genuine bargaining and contained provisions that were not in the best interests of the employees. The Commission needed to consider the evidence presented by both parties and assess whether the agreement was fairly negotiated and met the statutory requirements.

In delivering its decision, the Fair Work Commission found that the proposed agreement did not meet the statutory criteria for genuine bargaining. The Commission identified several issues with the bargaining process, including the lack of meaningful consultation and negotiation between the parties. Furthermore, the Commission determined that certain provisions of the agreement were not in the best interests of the employees, particularly those related to penalty rates and shift loadings. As a result, the Commission refused to approve the proposed agreement. The Commission emphasised the importance of genuine bargaining and the protection of employees' rights in the enterprise agreement process.

The Fair Work Commission's final orders were that the Hazell Bros Construction Employees Tasmania Enterprise Agreement 2023-2027 be not approved. The Commission directed the parties to continue negotiations in an effort to reach an agreement that met the statutory requirements and adequately protected the interests of the employees. The decision highlights the importance of genuine bargaining and the need for employers and unions to work collaboratively to reach agreements that are fair and in the best interests of all parties involved.

Hazell Bros Resources Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established