Heritage Stone Restorations Pty Ltd T/A HSR (Aust) Group

[2018] FWCA 3234

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Heritage Stone Restorations Pty Ltd T/A HSR (Aust) Group

(AG2018/315)

HSR (Aust) Group Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 4 JUNE 2018

Application for approval of the HSR (Aust) Group Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the HSR (Aust) Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heritage Stone Restorations Pty Ltd T/A HSR (Aust) Group. The agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 4 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Heritage Stone Restorations Pty Ltd, trading as HSR (Aust) Group, sought approval for the HSR (Aust) Group Enterprise Agreement 2017. The application was made before the Fair Work Commission (FWC). The dispute arose from the negotiation of the enterprise agreement, which was intended to cover employees engaged by Heritage Stone Restorations Pty Ltd. The central issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it contained the required minimum entitlements for employees.

The Fair Work Commission examined the application to ensure the agreement met the necessary legal standards, particularly focusing on whether it provided fair and reasonable terms for the employees. The Commission assessed if the agreement contained all the mandated minimum entitlements and whether it adhered to the procedural requirements set out in the Fair Work Act. The primary consideration was to ensure that the agreement did not undermine the protections afforded to employees under the Act.

After reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the HSR (Aust) Group Enterprise Agreement 2017 was compliant with the legal requirements. The Commission determined that the agreement provided fair and reasonable terms for the employees and contained all the mandated minimum entitlements. The application was approved, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established