Host Construction Services Pty Ltd T/A Host Construction Services Summary

[2023] FWCA 784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Host Construction Services Pty Ltd T/A Host Construction Services

(AG2023/511)

Host Construction Services Pty Ltd & The Australian Workers’ Union Agreement 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 MARCH 2023

Application for approval of the Host Construction Services Pty Ltd & The Australian Workers’ Union Agreement 2023

An application has been made for approval of a greenfields enterprise agreement to be known as the Host Construction Services Pty Ltd & The Australian Workers’ Union Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Host Construction Services Pty Ltd T/A Host Construction Services (Employer). The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2023. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Host Construction Services Pty Ltd, trading as Host Construction Services, applied to the Fair Work Commission for the approval of an enterprise agreement. The Australian Workers' Union, representing the employees, was a party to the agreement. The primary dispute centred around the terms of the proposed agreement and whether they complied with the relevant legislative framework. The Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements, was tasked with deciding the application.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the proper consultation process and the fairness of the terms. The Commission needed to assess if the agreement was genuinely negotiated and if it provided for minimum terms as stipulated by the Act. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement had been properly negotiated and included all necessary minimum terms. It also determined that the agreement was fair and reasonable, taking into account the interests of both parties. The Commission was satisfied that the consultation process was adequate and that the terms of the agreement were not overly detrimental to the employees. Consequently, the Commission approved the agreement, acknowledging its compliance with the legislative requirements.

The Commission issued an order approving the Host Construction Services Pty Ltd & The Australian Workers’ Union Agreement 2023. This approval means that the agreement will now be binding on the parties and will govern the employment terms of the employees represented by the union.

Host Construction Services Pty Ltd T/A Host Construction Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established