HF Hand Constructors Pty Ltd

[2013] FWCA 9151

FAIR WORK COMMISSION

DECISION

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

HF Hand Constructors Pty Ltd
(AG2013/9890)

HF HAND CONSTRUCTORS PTY LTD - HOLSWORTHY DEFENCE BARRACKS PROJECT ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 NOVEMBER 2013

Application for approval of the HF Hand Constructors Pty Ltd - Holsworthy Defence Barracks Project Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe

HF Hand Constructors Pty Ltd - Holsworthy Defence Barracks Project Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HF Hand Constructors Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved HF Hand Constructors Pty Ltd, which sought approval for the HF Hand Constructors Pty Ltd - Holsworthy Defence Barracks Project Enterprise Agreement 2013. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues at the heart of the case revolved around whether the agreement provided fair and appropriate terms and conditions for the employees, and whether the agreement was genuinely negotiated between the employer and the employees.

The Fair Work Commission found that the agreement contained terms that were not entirely fair and appropriate for the employees. Specifically, the Commission noted that the agreement did not include provisions for certain entitlements, such as paid parental leave and long service leave. Furthermore, the Commission was not satisfied that the agreement had been genuinely negotiated between the employer and the employees. The Commission found that the employer had not provided sufficient evidence of genuine negotiation, and that the agreement had been imposed on the employees rather than being the result of a collaborative process.

Consequently, the Fair Work Commission refused to approve the HF Hand Constructors Pty Ltd - Holsworthy Defence Barracks Project Enterprise Agreement 2013. The Commission determined that the agreement did not meet the necessary requirements for approval under the Fair Work Act 2009, and that the agreement was not in the best interests of the employees. The decision serves as a reminder to employers that they must ensure that any enterprise agreement they seek to implement provides fair and appropriate terms and conditions for employees, and that any agreement must be genuinely negotiated between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established