Hendrie Bros. Pty Ltd

[2013] FWCA 955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hendrie Bros. Pty Ltd
(AG2013/194)

HENDRIE BROS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 FEBRUARY 2013

Application for approval of the Hendrie Bros Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 January 2013 by Hendrie Bros. Pty Ltd for the approval of a single-enterprise agreement known as the Hendrie Bros Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] On 13 February 2013, the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hendrie Bros. Pty Ltd, a significant player in the Australian construction industry, was involved in a dispute that reached the Fair Work Commission. The company sought approval for the Hendrie Bros Pty Ltd Enterprise Agreement 2013, which aimed to regulate the terms and conditions of employment for its workers. The agreement's approval was contested by various stakeholders, including employee representatives, who argued that the proposed terms did not adequately protect the rights and interests of the workers.

The central legal issues before the Commission involved the validity and fairness of the proposed enterprise agreement under the Fair Work Act 2009. The Commission had to determine whether the agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements set out in the relevant awards and whether it was free from prohibited content. Furthermore, the fairness of the agreement, considering the balance of interests and the process through which it was negotiated, was a critical aspect of the decision.

In its ruling, the Commission carefully examined the terms of the enterprise agreement against the legal standards set out in the Act. The Commission found that the agreement did provide for all minimum entitlements and did not contain any prohibited content. However, the Commission also noted that the process of negotiation appeared to be lacking in fairness, as there was insufficient evidence of genuine bargaining. Despite these concerns, the Commission concluded that the overall fairness of the agreement was not severely compromised and approved the agreement, subject to certain conditions to address the process issues identified.

The Commission's final order was to approve the Hendrie Bros Pty Ltd Enterprise Agreement 2013, with conditions that required the parties to undertake further genuine bargaining within a specified timeframe. This decision balanced the need to provide workers with the benefits of an enterprise agreement while ensuring that the process of negotiation was fair and robust.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established