DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazelrock Pty Ltd
(AG2019/4559)

HAZELROCK PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2019

Application for approval of the Hazelrock Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hazelrock Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazelrock Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided two written undertakings. A copy of the undertakings are attached in Annexures A and B. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• 32 - Public Holidays.

However, noting clause 32 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 23 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Hazelrock Pty Ltd, an employer, sought approval of an enterprise agreement with its employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement adequately provided for employees' entitlements and whether it was fairly negotiated.

The primary legal issue was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. The FWC had to consider if the agreement offered employees terms and conditions that were no worse than those provided under the relevant modern award, and if it was genuinely negotiated. Additionally, the FWC needed to assess whether the agreement provided adequate protection for employee rights and entitlements.

The FWC found that the agreement met the BOOT requirements and was fairly negotiated. The agreement provided for terms and conditions that were at least as good as those in the applicable modern award and included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions. The FWC also concluded that the agreement contained adequate mechanisms for addressing employee concerns and disputes. The Commission determined that the agreement was an enterprise agreement within the meaning of the Fair Work Act and approved it.

The FWC ordered that the Hazelrock Pty Ltd Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act. The agreement was to commence on 1 April 2020 and remain in effect until 31 March 2024, subject to the parties' right to apply for early termination under section 233 of the Act.

Hazelrock Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established