DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6013)

J HUTCHINSON PTY. LTD. T/A HUTCHINSON BUILDERS AND CFMEU UNION COLLECTIVE AGREEMENT 2015- 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the J Hutchinson Pty. Ltd. T/A Hutchinson Builders and CFMEU Union Collective Agreement 2015- 2019.

[1] An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty. Ltd. T/A Hutchinson Builders and CFMEU Union Collective Agreement 2015- 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 9 November 2015 and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for the approval of a collective agreement between the J Hutchinson Pty. Ltd. trading as Hutchinson Builders and the Union. The Fair Work Commission heard the application and was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement complied with the Fair Work Act and its regulations. This involved examining various aspects of the agreement, including its coverage, the terms and conditions it contained, and whether it met the standards of good faith bargaining and the best interests of the employees. The Commission also had to consider whether the agreement provided adequate protections and benefits for the employees, and whether it was fair and reasonable in all its terms.

The Commission found that the agreement met the requirements of the Fair Work Act and its regulations. The agreement was found to cover a sufficient number of employees, and the terms and conditions were considered to be fair and reasonable. The Commission was satisfied that the agreement was the product of good faith bargaining and was in the best interests of the employees. The agreement was also found to provide adequate protections and benefits for the employees, and was considered to be fair and reasonable in all its terms. The Commission approved the agreement, and it came into effect on 1 May 2015.

The Commission made an order approving the collective agreement between the J Hutchinson Pty. Ltd. trading as Hutchinson Builders and the Union, and it came into effect on 1 May 2015. The order was made on 16 April 2015.

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