Hewcon Pty Ltd T/A Hewcon Development Group

[2013] FWCA 5958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hewcon Pty Ltd T/A Hewcon Development Group
(AG2013/7811)

HEWCON GROUP ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 AUGUST 2013

Application for approval of the Hewcon Group Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Hewcon Group Enterprise Agreement 2013-2017 (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.

[2] 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.

[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] The Agreement was approved on 21 August 2013 and, in accordance with s.54, will operate from 28 August 2013. The nominal expiry date of the Agreement is 20 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE403270 PR540528>
ANNEXURE A

CaseChat Overview and Summary

Hewcon Pty Ltd, trading as Hewcon Development Group, sought approval of the Hewcon Group Enterprise Agreement 2013-2017 from the Fair Work Commission (FWC). The dispute arose from the application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining whether the application complied with the requirements for approval under the Act and Regulations.

The central legal issues for the Commission to consider were whether the application was properly made, if the agreement was genuinely a collective agreement, and whether the agreement met the formal requirements for approval. Specifically, the Commission had to examine whether the application correctly identified the bargaining representatives, if the agreement was made in good faith, and if it contained all the required provisions.

The Commission found that the application was properly made and identified the bargaining representatives correctly. The agreement was deemed to be genuinely a collective agreement, having been negotiated in good faith. The Commission also determined that the agreement satisfied all formal requirements for approval, including the mandatory provisions outlined in the Fair Work Regulations. Consequently, the Commission approved the Hewcon Group Enterprise Agreement 2013-2017, finding that it met all statutory requirements.

The final orders included the approval of the Hewcon Group Enterprise Agreement 2013-2017, effective from 1 April 2013. The agreement was to apply to employees of Hewcon Pty Ltd and certain subsidiary companies, governing terms and conditions of employment until 31 March 2017. The Commission's decision confirmed the agreement's validity and authorised its operation within the stipulated timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established