Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7551)

J HUTCHINSON PTY LTD AND CFMEU ENTERPRISE AGREEMENT (TAS) 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 OCTOBER 2021

Application for approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement (Tas) 2020

[1] An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement (Tas) 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and J Hutchinson Pty Ltd, with the dispute centering around the approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement (Tas) 2020. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for the resolution of workplace disputes.

The central legal issue before the court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the mandated minimum terms and conditions, and whether it had been negotiated in good faith. The agreement's provisions on wages, hours of work, leave, and other employment terms were scrutinized to ensure compliance with the Act.

The Commission found that the agreement contained all the required minimum terms and conditions and was negotiated in good faith. The Commission noted the parties' efforts to reach a consensus and the agreement's alignment with the statutory requirements. As a result, the Commission approved the Enterprise Agreement, ensuring its registration and enforceability under the Fair Work Act. The decision underscored the importance of balancing the rights of employers and employees while promoting fair and productive workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established