DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Hawkins Group (Qld) Pty Ltd
(AG2014/10984)

HAWKINS GROUP (QLD) PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JANUARY 2015

Application for approval of the Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 December 2014 by the Hawkins Group (Qld) Pty Ltd for the approval of a single-enterprise agreement known as the Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2014 - 2018(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hawkins Group (Qld) Pty Ltd sought approval of its Enterprise Agreement 2014-2018, which was challenged by a number of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central dispute revolved around whether the Enterprise Agreement contained provisions that were contrary to the Fair Work Act 2009 (Cth) and, if so, whether those provisions could be severed to allow for the agreement's approval.

The Fair Work Commission was required to examine the enterprise agreement to determine whether any of its terms contravened the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to consider whether certain provisions regarding penalty rates and other employment conditions were consistent with the law. Additionally, the Commission had to decide whether any non-compliant terms could be severed from the agreement, thereby preserving its core provisions.

In assessing the agreement, the Commission found that while some provisions did contravene the Fair Work Act, these issues could be rectified by severance. The Commission determined that the agreement could be approved with modifications to those particular sections. The Commission held that the overall purpose and intent of the agreement were in line with the principles of the Fair Work Act, and that the agreement would serve the interests of both the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement 2014-2018 with certain modifications to specified sections, ensuring compliance with the Fair Work Act. The decision allowed the agreement to proceed, subject to the changes made by the Commission. The modifications were designed to address the legal concerns identified while preserving the agreement's intent and the balance of interests between the employer and the employees.

The Hawkins Group (Qld) 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