Hansen Yuncken Pty Ltd

[2025] FWCA 1156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hansen Yuncken Pty Ltd

(AG2025/744)

HANSEN YUNCKEN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2025

Application for approval of the Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hansen Yuncken Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 February 2025 and the Agreement was made on 5 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 and Maritime Employees 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 the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hansen Yuncken Pty Ltd, along with the CFMEU (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009, and the dispute centred on the contents of the proposed agreement and its compliance with the statutory requirements. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including provisions for employee entitlements, dispute resolution mechanisms, and compliance with the overarching objectives of the Fair Work Act.

The legal issues before the Commission included the validity of specific clauses within the agreement, particularly those relating to employee entitlements and the dispute resolution process. The Commission had to examine whether the agreement provided fair and reasonable terms for the employees, and whether it adhered to the principles of the Act, such as promoting high levels of productivity and workplace harmony. Additionally, the Commission assessed the fairness of the proposed dispute resolution mechanisms, ensuring they were accessible and effective for resolving workplace issues.

In delivering its decision, the Commission meticulously reviewed each clause of the proposed agreement. It found that the agreement provided fair and reasonable terms for the employees, with provisions that promoted productivity and workplace harmony. The dispute resolution mechanisms were deemed to be accessible and effective. Consequently, the Commission approved the Enterprise Agreement 2024-2027, finding that it met all the statutory requirements for approval. The Commission's decision was grounded in a detailed analysis of the agreement's provisions and its alignment with the Fair Work Act's objectives.

The final orders of the Commission included the approval of the Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027, effective from the date of the decision. This approval ensured that the terms of the agreement would govern the employment conditions of the employees covered by the agreement, providing a stable and fair framework for workplace relations during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established