DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5119)

HUTCHINSON FAMILY TRUST (THE TRUSTEE FOR) T/AS HUTCHINSON RIGGING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the Hutchinson Family Trust (The Trustee For) T/As Hutchinson Rigging and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Hutchinson Family Trust (The Trustee For) T/As Hutchinson Rigging and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 (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, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Hutchinson Family Trust trading as Hutchinson Rigging and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of an enterprise agreement from the Fair Work Commission. The Hutchinson Family Trust is a rigging and construction company, while the CFMEU is a trade union representing workers in various industries, including construction and rigging. The dispute centred on whether the proposed Rigger/Steel Erector Enterprise Agreement 2016-2018 met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the court were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the court had to determine if the agreement was made in good faith and if there was genuine bargaining between the parties. Substantively, the court had to assess whether the agreement covered the necessary matters, provided for proper terms and conditions, and did not adversely affect employees' rights or entitlements. The court also needed to consider if the agreement met the "better off overall test" to ensure that employees were not disadvantaged by the terms of the agreement.

The court found that the enterprise agreement was made in good faith and that there was genuine bargaining between the parties. The agreement covered all the necessary matters and provided for appropriate terms and conditions. The court was satisfied that the agreement did not adversely affect employees' rights or entitlements and met the better off overall test. As a result, the court approved the Rigger/Steel Erector Enterprise Agreement 2016-2018. The approval was based on the finding that the agreement provided for fair and reasonable terms and conditions for the employees and would not place them at a disadvantage compared to their previous entitlements.

Construction, Forestry, 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