DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4724)

J HUTCHINSON PTY LTD T/AS HUTCHINSON BUILDERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the J HUTCHINSON PTY LTD T/As HUTCHINSON BUILDERS and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as J HUTCHINSON PTY LTD T/As HUTCHINSON BUILDERS and the CFMEU (Victorian Construction and General Division) 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 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMU) sought approval of an enterprise agreement with J Hutchinson Pty Ltd t/as Hutchinson Builders. The application was brought before the Fair Work Commission, with the CFMU representing employees and Hutchinson Builders representing the employer. The enterprise agreement in question covered the period from 2016 to 2018 and encompassed various terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for the employees' wages and conditions at no less than the national minimum standards and whether it adhered to the procedural requirements set out in the Act. Specifically, the Commission had to assess whether the agreement was genuinely negotiated, contained appropriate dispute resolution processes, and was free from any provisions that might be considered contrary to public policy. The CFMU argued that the agreement was fairly negotiated and beneficial to its members, while Hutchinson Builders contended that certain provisions were not in line with the statutory requirements.

The Fair Work Commission concluded that the enterprise agreement met the necessary criteria for approval. The Commission found that the agreement provided for wages and conditions that were not less favourable than the relevant national awards and agreements, and it complied with the procedural prerequisites stipulated in the Act. The Commission was satisfied that the agreement was genuinely negotiated, contained appropriate dispute resolution mechanisms, and did not include any provisions that contravened public policy. As such, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the application for the J Hutchinson Pty Ltd t/as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be fairly negotiated, to comply with the Fair Work Act 2009, and to provide for the employees' wages and conditions at no less than the national minimum standards.

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