Hewcon Pty Ltd T/A Hewcon Development Group

[2018] FWCA 2168

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hewcon Pty Ltd T/A Hewcon Development Group

(AG2017/5437)

Hewcon Group Enterprise Agreement 2017 - 2020

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 16 APRIL 2018

Application for approval of the Hewcon Group Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Hewcon Group Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hewcon Pty Ltd T/A Hewcon Development 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement lodged contained an error at clause 11.2. On 9 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement was approved on 16 April 2018 and, in accordance with s.54, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hewcon Pty Ltd, trading as Hewcon Development Group, applied for the approval of the Hewcon Group Enterprise Agreement 2017-2020. The application was heard by the Fair Work Commission. The nature of the dispute was to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The legal issues before the court involved the interpretation and application of the statutory provisions of the Fair Work Act 2009, specifically the criteria for the approval of an enterprise agreement. The court had to examine whether the agreement provided for fair and equitable terms and conditions of employment and whether it met the 'better off overall test'. Additionally, the court considered whether the agreement contained any terms that were contrary to public policy or contravened any other law.

The Fair Work Commission found that the agreement was consistent with the provisions of the Fair Work Act 2009. The court held that the agreement was fair and equitable, met the 'better off overall test', and did not contain any terms that were contrary to public policy or any other law. The agreement was approved, effective from the date of the decision.

The final orders of the court were that the Hewcon Group Enterprise Agreement 2017-2020 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established