Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 18

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6222)

J. Hutchinson Pty. Ltd. / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 2 JANUARY 2018

Application for approval of the J. Hutchinson Pty. Ltd. / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the J. Hutchinson Pty. Ltd. / CFMEU Collective Agreement 2017-2018 (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.

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 Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application seeking approval of the J. Hutchinson Pty. Ltd. / CFMEU Collective Agreement 2017-2018. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal, where the CFMEU argued that the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement satisfied the requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, including provisions on pay, leave, and other employment conditions, and whether it complied with the "better-off-overall test" to ensure that employees would not be worse off financially under the new agreement.

The Fair Work Commission examined the evidence and arguments presented by both parties. It concluded that the agreement met the legislative standards for approval. The court found that the agreement provided for fair and reasonable terms and conditions, including provisions for pay and leave that were consistent with industry standards. Additionally, the commission was satisfied that employees would be better off overall under the new agreement, as it included provisions that were beneficial and did not place employees in a worse position financially. As a result, the commission approved the collective agreement.

In summary, the Fair Work Commission granted the CFMEU's application for approval of the J. Hutchinson Pty. Ltd. / CFMEU Collective Agreement 2017-2018. The commission found that the agreement met the necessary legislative standards and provided for fair and reasonable terms and conditions, including provisions for pay, leave, and other employment conditions. Furthermore, the commission was satisfied that employees would be better off overall under the new agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established