Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications

[2025] FWCA 251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications

(AG2024/5143)

HUNTER HOME MODIFICATIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Hunter Home Modifications Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hunter Home Modifications Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.1.7, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Home Modifications Limited applied to the Fair Work Commission for approval of the Hunter Home Modifications Enterprise Agreement 2024. The applicant is a company that provides home modification services in the Hunter region of New South Wales. The dispute centred on the terms and conditions of employment for the workers covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it met the requirements of the Fair Work Act 2009, and whether the agreement had been appropriately negotiated. The Commission also needed to consider whether the agreement complied with the National Employment Standards and if it was consistent with the principles of industrial justice and fairness.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. The agreement included provisions for minimum wages, leave entitlements, and other standard employment conditions that were consistent with the National Employment Standards. The Commission was satisfied that the agreement had been appropriately negotiated and met the requirements of the Fair Work Act. The Commission approved the Hunter Home Modifications Enterprise Agreement 2024, noting that it would provide stability and certainty for the employees and the employer.

The Commission made an order approving the Hunter Home Modifications Enterprise Agreement 2024 as meeting the requirements of the Fair Work Act 2009. The agreement was to be registered by the applicant with the Fair Work Commission within 28 days of the decision. The order was effective from 1 July 2024, and the agreement would apply to the employees covered by it from that date. The Commission also noted that the agreement would be subject to review and potential variation in the future, should the need arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established