DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hawkins Group (QLD) Pty Ltd
(AG2019/4310)

THE HAWKINS GROUP (QLD) PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2020

Application for approval of The Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as The Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Hawkins Group (QLD) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] The Agreement is approved and in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 3 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hawkins Group (Qld) Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2019-2023. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the enterprise agreement was a genuine bargain, if it contained terms that were reasonably necessary to facilitate a determination of terms and conditions of employment or other matters, and if it complied with the good faith bargaining requirements.

The Commission found that the agreement was a genuine bargain, with evidence of meaningful negotiation between the parties. It determined that the terms of the agreement were reasonably necessary to facilitate a determination of terms and conditions of employment, and did not contain any terms that would undermine the protection afforded by the National Employment Standards. The Commission also found that the agreement complied with the good faith bargaining requirements. It concluded that the application should be approved, and the enterprise agreement registered.

The Fair Work Commission approved the application and registered the Enterprise Agreement 2019-2023, effective from 1 April 2019. The AMWU's objections were dismissed. The Commission emphasised the importance of genuine bargaining and compliance with the requirements of the Fair Work Act in reaching its decision.

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