DECISION

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

Highway Construction Pty Ltd
(AG2019/809)

HAJV ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the HAJV Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the HAJV Enterprise Agreement 2019 (the Agreement). The application was made by Highway Construction Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Highway Construction Pty Ltd, sought approval of the HAJV Enterprise Agreement 2019 from the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The primary dispute involved the terms of the proposed agreement, specifically whether they complied with the statutory requirements and provided fair and reasonable terms for the employees covered by the agreement.

The central legal issues the Commission needed to address were whether the agreement met the procedural requirements set out in the Fair Work Act, including whether it was genuinely negotiated and whether it contained terms that were fair and reasonable. Additionally, the Commission examined if the agreement adequately addressed the needs of the employees and provided appropriate protections.

In reaching its decision, the Commission reviewed the evidence and submissions from both the applicant and the relevant union. The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The agreement provided for a range of benefits, including wage increases, improved working conditions, and provisions for redundancy. The Commission also noted that the agreement included mechanisms for resolving disputes and provided adequate protections for employees.

As a result, the Fair Work Commission approved the HAJV Enterprise Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included adjustments to the agreement's dispute resolution processes and clarifications on certain employee entitlements. The applicant was required to implement the approved agreement and ensure compliance with the terms and conditions set out in the decision.

Highway Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established