DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hully Foundations Pty Ltd
(AG2020/3832)

HULLY FOUNDATIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 JANUARY 2021

Application for approval of the Hully Foundations Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hully Foundations Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hully Foundations Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 26 January 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Hully Foundations Pty Ltd Enterprise Agreement 2020. The applicant, Hully Foundations Pty Ltd, sought approval of the agreement, while the respondent, the Transport Workers Union, opposed the application. The central issue before the Commission was whether the agreement met the statutory requirements for approval, particularly concerning the process by which it was negotiated and the extent to which it provided for the fair treatment of employees.

The legal issues revolved around the validity of the negotiation process and the fairness of the terms of the agreement. The Commission considered whether the agreement was genuinely negotiated and whether it provided for minimum terms of employment as required by the Fair Work Act 2009. Additionally, the Commission examined whether the agreement contained terms that were contrary to the public interest or failed to provide for the fair treatment of employees.

In its decision, the Commission found that the agreement had been genuinely negotiated, as evidenced by the extensive bargaining process and the involvement of all relevant parties. The Commission also determined that the agreement provided for minimum terms of employment and did not contain any terms that were contrary to the public interest or unfair to employees. Therefore, the Commission approved the application for the agreement to be registered, finding it met all the necessary statutory requirements. The decision resulted in the Hully Foundations Pty Ltd Enterprise Agreement 2020 being formally approved and registered.

Hully Foundations 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