The Australian Workers’ Union

[2013] FWCA 1572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/442)

HAZELL BROS GROUP PTY LIMITED AND AUSTRALIAN WORKERS UNION VICTORIAN (REGIONAL RAIL LINK PACKAGE E - WERRIBEE TO DEER PARK) GREENFIELD PROJECT ENTERPRISE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 13 MARCH 2013

Application for approval of the Hazell Bros Group Pty Limited and Australian Workers Union Victorian (Regional Rail Link Package E - Werribee to Deer Park) Greenfield Project Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Group Pty Limited and Australian Workers Union Victorian (Regional Rail Link Package E - Werribee to Deer Park) Greenfield Project Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] I am satisfied that the AWU, the employee organisation to be covered by the agreement, 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 20 March 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union applied for the approval of a proposed enterprise agreement with Hazell Bros Group Pty Limited. The dispute centred on the terms and conditions of employment for workers involved in the Regional Rail Link Package E project, specifically for the segment from Werribee to Deer Park. The Union sought to have the proposed agreement, which was intended to cover the period from 2013 to 2015, formally recognised and enforced.

The primary legal issues before the Commission involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, that it contained the essential terms as prescribed by law, and that it did not unfairly discriminate against employees. Additionally, the Commission had to determine if the agreement was consistent with the "better off overall test" which requires that employees be at least as well off under the new agreement as they would be under their existing conditions.

The Commission found that the proposed agreement was made in good faith and contained all the essential terms as required by the Fair Work Act. It also concluded that the agreement passed the "better off overall test" and did not unfairly discriminate against any class of employees. After considering the submissions from both parties, the Commission approved the application for the enterprise agreement, recognising it as a legally binding document between the parties.

The final orders of the Commission were that the Hazell Bros Group Pty Limited and Australian Workers Union Victorian (Regional Rail Link Package E - Werribee to Deer Park) Greenfield Project Enterprise Agreement 2013 - 2015 be approved and registered. This decision established the terms and conditions of employment for the workers involved in the specified project segment, providing clarity and legal certainty for 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