DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2017/4243)

HUON CONTRACTORS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2017-2020 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 8 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union for approval of the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2017-2020. The agreement in question aimed to govern the terms and conditions of employment for employees within the relevant industry. The court was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was a "better off overall test" (BOOT) compliant agreement, whether the agreement was made in accordance with the procedural requirements of the Act, and whether the agreement was genuinely bargained. These issues were crucial in ensuring that the agreement provided fair and just outcomes for the employees while maintaining a balance between the rights and obligations of employers and employees.

In reaching its decision, the court examined the evidence presented regarding the negotiation process and the content of the agreement. It was found that the agreement satisfied the BOOT requirement as it provided benefits to employees that outweighed any detriments. The court also determined that the agreement was made in accordance with the procedural requirements of the Act, as it was negotiated in good faith and involved genuine consultation. Furthermore, the court concluded that the agreement was genuinely bargained, as it reflected the outcome of the negotiation process between the parties. Based on these findings, the court approved the application for the agreement's registration.

As a result of the court's approval, the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2017-2020 was registered and became legally binding on the parties involved. This decision ensured that employees within the relevant industry would be governed by fair and just terms and conditions of employment, while also maintaining a balance between the rights and obligations of employers and employees.

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