Host Construction Services (QLD & NT) Pty Ltd Summary

[2024] FWCA 3165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Host Construction Services (QLD & NT) Pty Ltd

(AG2024/3047)

HOST CONSTRUCTION SERVICES (QLD & NT) PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 2 SEPTEMBER 2024

Application for approval of the Host Construction Services (QLD & NT) Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Host Construction Services (QLD & NT) Pty Ltd 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 Host Construction Services (QLD & NT) Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Agreement does not contain a delegates rights term that is no less favourable than the modern award in its entirety, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates’ rights term in the Agreement will apply to the extent of any inconsistency with the Award. However, where the Award term at clause 36A is more beneficial than the Agreement term at clause 12, clause 5 of the Agreement will not apply and the more beneficial term of the Award will apply instead.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Host Construction Services (QLD & NT) Pty Ltd, which sought approval for their Enterprise Agreement 2024. The dispute was heard by the Fair Work Commission, an Australian workplace relations tribunal. The application for approval of the agreement was made by the employer, and the union representing the employees contested the application. The union argued that certain provisions of the agreement were unfair or did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the provisions of the proposed agreement were in accordance with the relevant statutory provisions and whether the agreement was made in good faith and without coercion. The union argued that several provisions, including those related to pay rates, penalties, and procedural fairness, did not comply with the law and were not made fairly. The employer contended that the provisions were reasonable and necessary for the efficient running of their business.

The Fair Work Commission found that while some of the union's concerns were valid, the majority of the provisions in the agreement were fair and met the requirements of the Act. The Commission highlighted that the employer had demonstrated a good faith effort to negotiate and reach an agreement. The union's arguments regarding certain pay rates and penalties were partially upheld, leading to some modifications to the agreement. Ultimately, the Commission approved the agreement with modifications, finding that it was generally fair and met the legal requirements.

The final orders of the Commission included the approval of the Host Construction Services (QLD & NT) Pty Ltd Enterprise Agreement 2024, subject to the modifications made to certain provisions related to pay rates, penalties, and procedural fairness. The union was directed to implement the agreement as approved, and the employer was required to provide the necessary information and documentation to ensure compliance with the modified terms.

Host Construction Services (QLD & NT) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established