Hully Foundations Pty Ltd Summary

[2021] FWCA 7163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hully Foundations Pty Ltd
(AG2021/8701)

HULLY FOUNDATIONS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 DECEMBER 2021

Application for approval of the HULLY FOUNDATIONS PTY LTD ENTERPRISE AGREEMENT 2021

[1] An application has been made for approval of an enterprise agreement known as the HULLY FOUNDATIONS PTY LTD ENTERPRISE AGREEMENT 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 15 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hully Foundations Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the proposed terms and conditions of employment for the workers covered by the agreement. The Commission, in its decision, needed to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the workers.

The legal issues that the Commission had to address included whether the agreement provided for appropriate pay and conditions, whether it included provisions for dispute resolution, and whether the agreement was made in good faith and without coercion. The Commission also had to consider whether the agreement was consistent with the national minimum standards and whether it provided for a fair and equitable outcome for the workers.

The Commission found that the proposed agreement was in the best interests of the workers and met the requirements of the Act. The agreement provided for appropriate pay and conditions, including provisions for dispute resolution. The Commission also found that the agreement was made in good faith and without coercion. The Commission was satisfied that the agreement was consistent with the national minimum standards and provided for a fair and equitable outcome for the workers. Accordingly, the Commission approved the enterprise agreement.

Hully Foundations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established