Hyatt Ground Engineering Pty Ltd Summary

[2018] FWCA 7319

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hyatt Ground Engineering Pty Ltd

(AG2018/3534)

Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2018 - 2022

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 30 NOVEMBER 2018

Application for approval of the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2018 - 2022.

An application has been made for approval of an enterprise agreement known as the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hyatt Ground Engineering Pty Ltd. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 29 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Hyatt Ground Engineering Pty Ltd for approval of the Enterprise Agreement 2018-2022. The dispute arose from negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was intended to regulate the employment conditions of the union's members working within the company. The legal issues that the Commission was required to decide centred on whether the agreement met the statutory requirements for being directly referred to the Commission and whether it complied with the good faith bargaining provisions under the Fair Work Act 2009. Specifically, the Commission needed to determine if there was evidence of genuine attempts at conciliation and if the terms and conditions of the agreement were fair and reasonable.

In addressing these issues, the Commission considered the submissions from both parties and the evidence presented. It found that the application for direct referral was valid and that there had been genuine attempts at conciliation and negotiation. The Commission also examined the substantive terms of the agreement, including wages, hours of work, and other conditions of employment. It concluded that the agreement was fair and reasonable, taking into account the nature of the work, the economic circumstances, and the bargaining positions of the parties. The Commission approved the agreement, noting that it provided for a balanced and equitable outcome for both the employees and the employer.

The Fair Work Commission's decision was based on a thorough analysis of the bargaining process and the terms of the agreement. The Commission found that the process was conducted in good faith and that the agreement reflected a fair and reasonable outcome for all parties involved. The approval of the agreement was contingent on compliance with the terms and conditions set out in the decision, which included mechanisms for resolving any disputes that might arise during the term of the agreement. The final orders of the Commission were that the Enterprise Agreement 2018-2022 be approved and registered, subject to the conditions specified in the decision.

Hyatt Ground Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established