DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1070)

J HUTCHINSON PTY. LTD. T/AS HUTCHINSON BUILDERS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the J Hutchinson Pty. Ltd. T/As Hutchinson Builders (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the J Hutchinson Pty. Ltd. T/As Hutchinson Builders (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Maritime, Mining and Energy Union v J Hutchinson Pty Ltd T/As Hutchinson Builders, the Fair Work Commission was presented with an application for the approval of a Union Collective Agreement (2018) in relation to the Queen Wharf Project. The union sought approval for the agreement, while the employer contested its approval on various grounds, including non-compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Union Collective Agreement met the statutory requirements under the Fair Work Act. Specifically, the employer challenged the agreement's provisions concerning employee entitlements, working conditions, and procedural fairness. The Commission needed to determine if these provisions adhered to the Act and if the agreement facilitated a cooperative and productive workplace environment.

The Commission examined the provisions of the Union Collective Agreement and considered the statutory criteria for approval. It found that the agreement contained provisions that were consistent with the Act and aimed to improve workplace relations by establishing clear terms and conditions for employees. The Commission concluded that the agreement did not contain any terms that were contrary to public policy or that undermined the rights of employees or employers. Consequently, the Commission approved the Union Collective Agreement, finding it to be fair and reasonable in all respects.

The final orders of the Commission were that the Union Collective Agreement 2018, as presented by the Construction, Forestry, Maritime, Mining and Energy Union, was approved in its entirety. The employer's objections were dismissed, and the agreement was to be registered with the Fair Work Commission. This decision ensures that the employees engaged in the Queen Wharf Project will be governed by the terms and conditions set out in the approved agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established