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

[2023] FWCA 785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Host Construction Services Pty Ltd T/A Host Construction Services

(AG2023/512)

Host Tunnelling 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 Tunnelling 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 Tunnelling 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

The case involved Host Construction Services Pty Ltd trading as Host Construction Services, and an application for the approval of the Host Tunnelling Services Pty Ltd & The Australian Workers’ Union Agreement 2023. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal. The application was brought under the Fair Work Act 2009, which aims to establish a balanced framework for the protection of employees, employers and the community. The union and the company sought the tribunal's approval of the agreement, which was to regulate the terms and conditions of employment for employees in the tunnelling services industry.

The central legal issue before the tribunal was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the tribunal had to determine if the agreement was a simple, genuine, and fair agreement that provided for the proper protection of employees' rights and interests, and whether it complied with the provisions of the Act. The tribunal also needed to consider whether the agreement was consistent with the national minimum standards set out in the Safety, Rehabilitation and Compensation Act 1988, and whether it provided for appropriate dispute resolution mechanisms.

In making its decision, the tribunal carefully considered the evidence and submissions from both parties. It found that the agreement was a genuine and fair agreement that provided for the proper protection of employees' rights and interests. The tribunal was satisfied that the agreement met the requirements of the Fair Work Act and the Safety, Rehabilitation and Compensation Act 1988. The tribunal also considered the appropriate dispute resolution mechanisms provided for in the agreement and found them to be adequate. Based on these findings, the tribunal approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Host Tunnelling Services Pty Ltd & The Australian Workers’ Union Agreement 2023, subject to certain conditions. These conditions related to the agreement's provisions on pay rates, leave entitlements, and other employment terms and conditions. The tribunal's decision provided clarity and certainty for both the union and the company, and established a framework for the regulation of employment in the tunnelling services industry.

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