Hyatt Ground Engineering Pty Ltd

[2024] FWCA 455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hyatt Ground Engineering Pty Ltd

(AG2024/81)

HYATT GROUND ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 FEBRUARY 2024

Application for approval of the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2023-2027 (Agreement). The application was made by Hyatt Ground Engineering Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2024. The nominal expiry date of the Agreement is 1 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hyatt Ground Engineering Pty Ltd applied for the approval of the Enterprise Agreement between the company and its employees for the period 2023 to 2027. The agreement was submitted following negotiations between the employer and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of employment, including wages, working hours, leave entitlements, and other benefits.

The primary legal issue before the Commission was whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement met the 'better off overall test', meaning that employees would not be worse off financially compared to their previous conditions. The Commission also needed to confirm that the agreement did not undermine the protections afforded to employees under the National Employment Standards.

The Fair Work Commission approved the agreement, finding that it met all statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms, and that employees would be better off overall. The Commission found that the agreement contained provisions that ensured minimum entitlements were not reduced and that employees had adequate protections. The approval was granted on the condition that the agreement would be subject to ongoing monitoring and compliance by both parties.

The Commission ordered that the Enterprise Agreement be approved and registered, effective from the date of the decision. The agreement was to be provided to all employees and the relevant union, with the requirement for ongoing adherence to its terms by both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established