Hansen Yuncken Pty Ltd

[2024] FWCA 4362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hansen Yuncken Pty Ltd

(AG2024/4664)

HANSEN YUNCKEN PTY LTD (TASMANIA) AND CFMEU ENTERPRISE AGREEMENT (TAS) 2024

Building services
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Hansen Yuncken Pty Ltd (Tasmania) and CFMEU Enterprise Agreement (Tas) 2024

An application has been made for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd (Tasmania) and CFMEU Enterprise Agreement (Tas) 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hansen Yuncken Pty Ltd. 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 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 that the Agreement covers the organisation.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 41.2 - Public Holidays and Holiday Work.

However, noting clause 33 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 3 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hansen Yuncken Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who were in dispute over the approval of a proposed enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the requirements for approval under section 233 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, whether it allowed for adequate representation, and if it complied with the relevant provisions of the Act.

The Commission thoroughly examined the proposed agreement, taking into account the submissions from both parties. It assessed the provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission considered the views of the employees and whether the agreement was likely to promote harmonious, productive and equitable workplace relations. The Commission also scrutinised whether the agreement provided sufficient protections for employees and maintained a balance of rights and obligations between the parties.

The Fair Work Commission found that the proposed agreement was in the best interests of the employees, provided for adequate representation, and complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, noting the benefits it offered in terms of wage increases, improved working conditions, and a fair dispute resolution process. The decision emphasised the importance of maintaining constructive industrial relations between employers and employees.

The Commission's final order was that the Hansen Yuncken Pty Ltd (Tasmania) and CFMEU Enterprise Agreement (Tas) 2024 be approved and registered under the Fair Work Act. The agreement was to be binding on all parties from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established