austlii:cth/FWCA/2025/4341
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
s.185 - Enterprise agreement
Hazell Bros Resources Pty Ltd Trading AS Hazell Bros Group
HAZELL BROS RESOURCES PTY LTD (TRADING AS HAZELL BROS) & AUSTRALIAN WORKERS UNION SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union South Australia Enterprise Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement to be known as the Hazell Bros Resources Pty Ltd (trading as Hazell Bros) & Australian Workers Union South Australia Enterprise Agreement 2025 - 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hazell Bros Resources Pty Ltd Trading AS Hazell Bros Group (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings dated 17 December 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020 and Vehicle Repair, Services and Retail Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
[3] The Australian Workers' Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 31 July 2028.
Printed by authority of the Commonwealth Government Printer
ANNEXURE A 
